Case: Dhanthak & Company Pvt. Ltd., Bombay Vs Jai Hind Soap Factory, Ulhasnagar. Trademark Tribunal
| Counsel | For Appellant: Mr. Mohan Dewan, Advocate |
| Judges | T. R. Subramanian, DRTM |
| Issue | Trade and Merchandise Marks Act, 1958 - Sections 9, 18 |
| Citation | 1988 (8) PTC 163 (Reg) |
| Judgement Date | April 02, 1988 |
| Court | Trademark Tribunal |
Judgment:
T. R. Subramanian, DRTM
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On 15th September 1980, an application was filed being Application No. 366107 by Shri Lachmandas J. Parwain & others trading as The Jai Hind Soap Factory, Near Old Dalda Depot, Ulhasnagar - 3 (hereinafter referred to as the Applicants) seeking registration of a trade mark in Part A of the register in respect of Washing Soap in class 3 claiming proprietorship to the mark on the basis of user since 1972. The applicants' mark comprises of the device of two circles touching each other along with the letter 'J' inside one circle and the letter 'H' in the other circle with the word SOAP appearing below the aforesaid device. When the Trade Marks Registry raised some objection, the Applicant filed evidence of user. The Applicants also agreed to amend the specification of goods to read as 'Washing Soap for sale in the States of Gujarat and Maharashtra'. The application was thereafter ordered to be advertised before acceptance and it was accordingly advertised in the Trade Mark Journal No. 799 dated 16th September 1982 at Page 371.
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On 8th November 1982, a Notice of Opposition was filed by Dhanthak & Company Private Limited and others trading as Dhanthak & Company, 'Paras', 4, Dattatraya Road, Santacruz (W), Bombay - 400 054 ( hereinafter referred to as the Opponents) objecting to the registration of the applicants' mark on the grounds inter alia.
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That the mark of the applicant is neither adopted to distinguish nor capable of distinguishing the goods in respect of which the applicants are seeking registration thereof.
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That the opponents have been engaged in the business of manufacturing and marketing, inter alia, soaps for the last many decades and that they are the proprietors of a deceptively similar mark which have been registered by them under Registered Trade Mark Nos. 153720, 176597, 309447, 303948 and 307996 all in class 3 for soaps. The Registered Trade Mark No. 303948 is for the device of two circles touching each other along with the letters 'B' and 'B' appearing inside each of the said circles and the word 'Soap' appearing below the aforesaid device..
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That the opponents have been using the mark for the last so many decades and the use of the impugned mark by the applicants in respect of soaps is likely to cause confusion and deception in the minds of public.
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That the opponents are the owner of the copyright in the label consisting two circles and the same has been registered under the...
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