Case: Finolex Cables Ltd., Bombay Vs Paramaite Trading Co., Bombay. Trademark Tribunal
| Counsel | For Appellant: Mr. Mohan Dewan, Advocate |
| Judges | P. N. Havanur, DRTM |
| Issue | Trade and Merchandise Marks Act, 1958 - Sections 11(A), 18(1) |
| Judgement Date | February 26, 1987 |
| Court | Trademark Tribunal |
Judgment:
P. N. Havanur, DRTM
On 26th June 1978, Rajendra Kantilal Sanghvi trading as Paramaite Trading Co., 47, Mahakali Building, 1st Floor Pydhonia, Bombay -- 400-003 (hereinafter referred to as the Applicants) made an application being Application No. 337826 in class 11 for registration in Part A of the Register of a trade mark consisting of the word "FINOLEX" in respect of specification of goods which after subsequent amendment reads as "stoves, burners, for stoves, blow lamps, hurricane lantern, incandescent gas mantles, and parts thereof included in class 11". The user claimed by the Applicant in the application is since January 1978. After scrutiny, the application was accepted for registration and was accordingly advertised in the Trade Marks Journal No. 723 dated 16th July, 1979 at page 559.
On 8th November, 1979, Finolex Cables Ltd., 26-27 Bombay-Poona Road, Pimpri, Pune-411018, Maharashtra State (hereinafter referred to as the Opponents) filed a notice of opposition alongwith a request on form TM-44 objecting to the registration of the applicant's mark on the following grounds:
1) that they carry on an established business as manufacturers and merchants of Electrical wires and cables for use in general industry, as also in automobile industry.
2) that they are the Regd. Proprietors of the trade mark 'FINOLEX' which was originally registered in the name of their predecessors -- in -- title and registration of the said mark has now been transferred in their name. The opponent's mark 'FINOLEX' (word per se) is registered under No. 187465 in class 9 in respect of insulated cables and wires and the word 'FINOLEX' in a special lettering style is also registered under No. 252519 in class 9 in respect of insulated cables and wires and registration of the said trade marks have been duly renewed from time to time and they are valid and subsisting in their name.
3) that the said trade mark has been in continuous and extensive use since the year 1957 in respect of the goods throughout India.
4) that the mark 'FINOLEX' is exclusively identified with the goods of their origin.
5) that the applicants' mark consisting of identical word 'FINOLEX' sought for registration by them causes confusion and deception amongst the members of the trade and public particularly in view of the fact the word. 'FINOLEX' is invented word and is exclusively associated with the goods of their manufacture, they also contend that the use of identical mark...
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