Case: I.T.C. Limited, Calcutta Vs Golden Tobacco Company Limited, Bombay. Trademark Tribunal
| Counsel | For Appellant: Mr. M.R. Nair instructed by M/s. R.K. Dewan & Co. |
| Judges | K. K. Sharma, ARTM |
| Issue | Trade and Merchandise Marks Act, 1958 - Sections 9, 18(1), 18(4) |
| Judgement Date | August 02, 1988 |
| Court | Trademark Tribunal |
Judgment:
K. K. Sharma, ARTM
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On 22nd June, 1982 Golden Tobacco Co. Ltd., having place of business at Tobacco House, Vile Parle, Bombay-56 (hereinafter referred to as the Applicants) filed an application under Application No. 39208 in class 34 to register a trade mark consisting of word "LEGEND" in respect of specification of goods which reads as "Cigarettes, Safety matches smoker's articles, tobacco (raw or manufactured) In due course of time the application was accepted for registration in Part B of the register and was advertised as such in Trade Marks Journal No. 858 dated 1st March, 1985.
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On 31st May, 1985 I. T. C. Limited, having place of business at Virginla House, 37 Chowringhee, Calcutta 700 071 (hereinafter referred to as the Opponents) filed a notice of opposition inter alia on the following grounds:-
the opponents are well known manufacturers of inter alia tobacco and/or tobacco products including cigarettes. The said cigarettes manufactured by the opponents are sold under various trade marks and the trade marks have acquired considerable reputation both in India and various countries abroad.
The trade mark "LEGEND" is not registrable in that it is nor capable of distinguishing nor does it satisfy the requirements of the Act as to registrability.
the trade mark applied for is laudatory and/or of descriptive expression and as such is open to objection under Section 9(1) sub-section (a) of the Act, and that registration of the mark by an individual trader would unduly interfere the legitimate right of the opponents as well as the public and future traders and would damage and embarrass the trade and the opponents who are "aggrieved persons".
the applicants cannot claim any proprietorship in or any right over the trade mark applied for.
It was prayed that in the interest of general public and for maintaining the purity of the Register, the Registrar should exercise his discretion adversely to the applicants by allowing the opposition and refusing the registration.
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The applicant filed counterstatement which consists of general denials and it was prayed that notice of opposition be dismissed and exemplary cost be awarded to the applicants.
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The evidence in support of the opposition consists of an affidavit by Shri Arisingh Dutt, Branch Manager (Marketing) of I. T. C. Ltd., and evidence in support of application consists of an affidavit by Harjinder Singh, Senior Manager (Legal) of the applicants. The evidence in rebuttal...
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