LAW FOR ALL

The applicant company and its trade name “Creative Travel” was created in the year 1977. The company has acquired a unique name and association with the name “Creative Travel” which had acquired substantial goodwill and reputation in the travels and tourism industry.- In May 2006, the applicants came to know that the 1st respondent herein had adopted the trade name “Creative Tours and Travels (I) Private limited” and is using the same in relation to tours and travels business. - The impugned trade mark may be removed on the grounds given under:- (a) The applicants are the prior adopters, users and registered proprietors of the trade mark “Creative”. The use by any person of an identical/similar trade mark would amount to infringement of trade mark. The 1st respondents adoption cannot be justified. (b) The applicants trade mark has acquired tremendous goodwill and therefore the use of the trade mark “Creative” by the 1st respondent is likely to cause confusion and deception. Therefore, the impugned registration is in contravention of Section 9(2)(a) of the Act. (c) The impugned trade mark is identical and is registered in relation to the goods which are admittedly identical. There exists likelihood or confusion and association of the trade mark and the business of the applicant and therefore is in contravention of the provisions of Section 11(1) of the Act. (d) The adoption and use of the impugned trade mark is without justification and can never be considered as bonafide. The 1st respondent had adopted and used the trade mark “Creative” merely to trade upon the goodwill and reputation of the applicants. The impugned trade mark registration is in contravention of section 11(3)(a) of the Act and therefore liable to be expunged. (e) The impugned registration is wrongly entered in the Register and is remaining on the Register without sufficient cause being in contravention of the provisions of Sections 9(2), 11(1), 11(2), 11(3)(a) of the Act. (f) The impugned trade mark is liable to be cancelled and expunged under Section 57(2) of the Act. 9. It is therefore, prayed that the impugned trade mark “Creative” be rectified.-To conclude, the application for rectification is allowed for the reasons stated below:- (a) the applicant is a person aggrieved; (b) the applicant has satisfied the case of confusion; (c) the applicants are prior users; and (d) the respondents have not satisfied us as to the use as claimed in the application for registration. 60. The impugned trade mark is therefore directed to be expunged. The respondents shall pay a sum of Rs. 10,000/- towards costs to the applicants. The Miscellaneous Petition Nos. 232/2012 and 233/2012 are disposed of.