Application No. 880383 and Opposition No. Mas. 194019. Case: Nandhini Deluxe Vs Karnataka Coop. Milk Producers Fed. Limited. Trademark Tribunal
| Case Number | Application No. 880383 and Opposition No. Mas. 194019 |
| Counsel | For Appellant: Shri V. Gopalakrishna, Advocate and For Respondents: Shri Harikrishna S. Holla, Advocate |
| Judges | N. D. Kasturi ( DRTM) |
| Issue | Trade Marks Act, 1999 - Section 11 |
| Citation | 2007 (35) PTC 930 (Reg) |
| Judgement Date | August 13, 2007 |
| Court | Trademark Tribunal |
Judgment:
N. D. Kasturi ( DRTM), (Chennai)
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On 7th October, 1999, Mr. N. Anand & Mr. A. Narasimha, Rupesh Anand trading as M/s Nandhini Deluxe, 114/2, Lalbagh Fort Road, Minerva Circle, Bangalore - 560 004 (hereinafter referred to as "the Applicants") filed an application for registration of trade mark "NANDHINI DELUXE" with logo in respect of "Meat, Fish, Poultry and gave, Meat Extracts, Preserved, Dried and Cooked Fruits and Vegetables, Jellies, Jams, Eggs, Milk and Milk Products, Edible Oils and Fats, Salad Dressings, Preserves and all other goods being included in Class-29" under application No. 880383. After raising some preliminary objections, the mark was ordered to be advertised before acceptance for registration. It was accordingly advertised in the Trade Marks Journal No. 1327 (S-2) dated 10th January, 2005 at page No. 1832.
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On 2nd June, 2005, M/s Karnataka Cooperative Milk Producers Federation Limited, KMF Complex, Hosur Road, Bangalore - 560 029 (hereinafter referred to as "the Opponents) filed a notice of opposition objecting to the registration of the impugned mark mainly on the following grounds:
"That the Opponents are manufacturers and dealers of milk and milk products, cattle feed and other allied products. The Opponents stated that they are the source of NANDINI products.
That the Opponents' trade mark NANDINI with device of the cow is being used by them extensively not only in the State of Karnataka and also in the other parts of the Country.
That the Opponents are also the registered proprietors of word NANDINI as per details contained in para 2 of TM-5. The trade marks have been used right from 1983.
That trade mark NANDHINI in respect of which the Applicants are seeking registration is confusingly and deceptively similar to the Opponents' trade mark.
That the very adoption of the impugned mark by the Applicants is to trade upon and benefit from the reputation and goodwill accrued to the Opponents for the last so many years and hence they cannot claim any proprietary rights in the impugned mark under Section 18(1) of the Act.
The Opponents objected to the registration of the impugned mark under Sections 9, 11, 12 & 18 of the Act and also prayed for the exercise of discretion adversely to the Applicants under Section 18(4) of the Act.
On 25th October, 2005, the Applicant filed a counter statement denying all the material averments in the notice of opposition.
"The Applicants have stated that the above said opposition filed by the Opponents is vexatious, unsustainable in law and facts and circumstances of the case.
The Applicants further stated that they have honestly conceived and adopted trademark NANDHINI with a particular artistic work, design and get-up fur running vegetarian and non-vegetarian Andhra Style Restaurant and they have opened following branches all over Bangalore by using trade mark NANDHINI since 1989.
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Nandhini Deluxe Restaurant, Minerva Circle
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Nandhini Deluxe Restaurant, Colex Park
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Nandhini Deluxe, Gandhinagar
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Nandhini Deluxe, Sankey Road
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Nandhini Deluxe Restaurant & Hotel, St Marks Road
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Nandhini Deluxe Restaurant & Hotel, Jayanager
The Applicants have been continuously using the trade mark NANDHINI and the Applicants have obtained Copyright under Copyright Act, 1957.
The Applicants stated that the artistic work, design and get-up adopted by the Opponents are totally different the question of deception or confusion does not arise. The class of purchasers/customers...
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