Case: Greater Silk Mils, Bombay Vs Ramgopal Textiles Pvt. Ltd., Bombay. Trademark Tribunal

CounselFor Appellant: Mr. M.P. Mirchandani, Advocate and For Respondents: Mr. A.T. Bhagat, Advocate
JudgesM. C. Gupta, ARTM
IssueTrade and Merchandise Marks Act, 1958 - Sections 9, 11, 12, 18
Judgement DateJune 16, 1989
CourtTrademark Tribunal

Judgment:

M. C. Gupta, ARTM

  1. The above named Opponents filed a notice of opposition on form TM-5 on 28.5.1985 objecting to the registration of Trade Mark GREENTEX, the subject matter of Application No. 360071B dated 28.3.1980 in class 25 for the goods 'Readymade garments including hosiery. The application was accepted in part B for the goods 'readymade garments. Including hosiery and was advertised before acceptance under Proviso to Section 20(1) of the Trade and Merchandise Marks Act, 1958. This application was associated with Registered Trade Mark No. 347274 in class 23 and others of the applicants.

The grounds taken by the opponents are: -

That they are the registered proprietors of Trade Mark GREATEX in class 24 in respect of 'Artificial silk piece goods' under No 323272B registered under the Act.

That the Trade Mark GEETEX of the opponents has acquired reputation and valuable good will due to its long and voluminous use and therefore the registration of the applicants' mark GREENTEX, which is deceptively/confusingly similar to the opponents mark GREATEX is not registerable under Section 12 (1) of the Act.

That the trade mark GREENTEX is visually, phonetically and structurally similar to the opponents trade mark GREATEX and therefore prohibited for registration under the provisions of the sections 11 and 12 of the Trade and Merchandise Mark s Act, 1958.

That the applicants mark is not registerable within the meaning of Section 9 of the Act as the same is neither adapted to distinguish not capable of distinguishing the applicants goods,

That the adoption of the trade mark GEREENTEX by the applicants is with a view to cash in on the reputation and good will of the deceptively similar Regd. mark of the Opponents.

That the applicants mark of is only proposed to be used and therefore the Tribunal should exercise its discretion in refusing the registration of the application for the Trade Mark GREENTEX under Section 18(4) of the Act.

In the counter-statement filed on 11.9.85. The application denied broadly all ground of objections taken by the opponents to the registration of their Trade Mark and submitted that the applicants are already the registered proprietors of Trade Mark GREEN-TEX in clause 23.22,24,26,and 27.also the applicants are the registered proprietors of a similar Trade Mark GRINTEX in class 24 which is registered in respect of textile piece goods of all kinds, that the applicants are the proprietors of Trade Mark GREENTEX by honest adoption and continuous and open use. That the valuable reputation and goodwill have accrued to the applicants Trade Mark GREENTEX on accounts of high quality goods. That the Trade Mark GREENTEX has been widely advertised all over India through various publicity media and also through Caution Notices in local newspapers Finally the applicants submitted that they are entitled to the registration of the Trade Mark GREENTEX by virtue of honest adoption and its registration in various classes of textile group.

The evidence in support of opposition consists of an affidavit of Vasdev Kanhialal Shevakkramini dated 6,10,86 along with Ex. A consisting of sales figures from 1977-85 and Ex. B containing few specification of bill books, orders and vouchers etc. Ex. C are the few cuttings of advertisements of the opponents Mark. The applicants did not file any evidence in support of their application...

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