Case: Mr. Nathalal K. Kataria, trading as Sangam Products Vs Shri. Rashid Ahmed, Mohd. Haroon and Smt. Qudisia Begum trading as Novelty Soap Works. Trademark Tribunal
|Party Name:||Mr. Nathalal K. Kataria, trading as Sangam Products Vs Shri. Rashid Ahmed, Mohd. Haroon and Smt. Qudisia Begum trading as Novelty Soap Works|
|Judges:||Dharam Singh, Deputy Registrar of Trade Marks|
|Issue:||Intellectual Property Rights Act|
|Judgement Date:||December 23, 2009|
Dharam Singh, Deputy Registrar of Trade Marks
On 31st December, 1990, Mr. Nathalal K. Kataria, of M/s. Sangam Products, 2-Bhidbhanjan Street, Near Satta Bazar, Rajkot (hereinafter referred to as the applicants) applied for registration of trade mark 'SANGAM' for registration in respect of "Snow Cream, Vasaline after shave lotion soap and other etc., falling in class 03". under application No. 542747 under the provisions of Trade and Merchandise Marks Act, 1958, claiming the user since the year 1971. Eventually, the application was allowed and advertised before acceptance in the Trade Marks Journal No. 1170 dated 01-03-1998 at page 2271.
On 25th May, 1998 Shri. Rashid Ahmed, Mohd. Haroon & Smt. Qudisia Begum M/s. Novelty Soap Works, 1199, Baradari, Phatak Habash Khan, Tilak Bazar, Khari Baoli, Delhi-110 006 (hereinafter referred to as the Opponents) lodged a notice of opposition on form TM-5 objecting to the registration of the impugned application on the grounds raised under Section 9(1), 11(a), 11(e), 12(1) and 18(1) of the Act, relying on their registered trade mark SANGAM under No. 288204 and SANGAM SOAPS under No. 450896 in respect of goods "Washing soaps, toilet soap & shaving soaps" and claiming the reputation and use of their trade mark since 01.04.1971.
On 01-03-1999, the above named applicants filed the counter statement on form TM-6 on the grounds relying therein denying all singular averments made in the notice of opposition except what is the matter on record relying upon their affidavit of user filed at pre-advertisement stage interalia stating that they adopted the trade mark 'SANGAM' honestly with bonafides in relation to their goods and had been using the same since the year 1971 as per affidavit of user filed at pre-advertisement stage and by virtue of long, extensive and continuous use, the mark has become distinctive of their goods.
The Opponents did not file any evidence in support of opposition, however, they relied on the contents of the notice of opposition vide their advocate's letter dated 22nd May, 2000. The applicants also did not file their evidence under Rule 51 and the matter was set down for hearing. It came up before the undersigned on 11th May, 2005, when Mr. S.K. Bansal, Advocate instructed by Delhi Registration Service appeared for the Opponents and Mr. Y.J. Jasani, advocate of Jasani & Co., appeared for the applicants and made their submissions.
Shri. S.K. Bansal, submitted that the opponents are the Regd. Proprietors of trade mark SANGAM under Nos. 288204 and No. 450896 as relied in the notice of opposition; they adopted the subsequent trade mark 'SANGAM SOAP' on 1-4-1976 in relation to their goods "Washing soaps, toilet soap & shaving soaps" and had been using the same since then continuously and extensively and by virtue of such continuous and extensive use and standard quality of goods, the opponents' mark is exclusively identified and associated with the goods of the opponents and for the reasons of advertisement of the mark through various medias at large scale and...
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