LAW FOR ALL

The entry relating to the trade mark Prompton is wrongly remaining on the register as it is identical to the applicant’s trade mark Crompton Greaves / Crompton.= The applicants mark is Crompton / Cropmton Greaves. The applicants trading style / corporate name is Crompton Greaves. The respondents mark is Prompton. The rival marks are deceptively similar. Except for the first letter, the marks are identical. The marks are phonetically similar. The applicants are into this business since 1937 using the trade mark Crompton. The respondents have claimed use of the mark only since 1993 which is definitely subsequent to that of the applicants.- We find that an identical trade mark for identical goods ie. Prompton for goods falling in class 9 has been filed as early as 1996 and pending on the date of this impugned order. This Board has already removed that trade mark Prompton registered under No.714516 in class 9. We are forced to express our dissatisfaction in the way the Trade Marks Registry is functioning. When an identical prior trade mark is pending it would not be correct to register a subsequent application for the same goods/services made by another applicant till the earlier application is effectively disposed or the subsequent application is based on superior claim of proved use of the mark. We also suggest the registry should as far as possible maintain seniority in disposal of pending cases unless the prior applicant has defaulted in compliance of official requirements. 20. Having considered and decided all the issues in favour of the applicant we do not think it fit to allow the mark to continue on the register. Consequently the application for rectification is allowed with a direction to the Registrar to cancel the trade mark Prompton under No.867573 in Class 9. No order as to costs.