LAW FOR ALL

for rectification under No.ORA/08/2005/TM(AMD & ORA/134/2006-TM(AMD) seeking removal of registered trade mark No.486584 in Class 30 in the name of M/S Jagdish Food Private Limited, Vadodara. - The grounds for rectification are summarized as follows:- i)The word ‘Jagdish’ is the name of Hindu God commonly used by Hindus and it is barred by the Trade Marks Act for registration. There are 13 shops in the city of Vadodara using the trade name Jagdish. = The impugned trade mark has already been on the register for over two decades. To allege at this stage that the respondent cannot be its owner is both preposterous and fallacious. The applicant and 13 other traders cannot gang up and divest the ownership of a lawfully registered trade mark of the respondent merely to thrive on the commercial magnetism associated with ‘JAGDISH’. Such bullying tactics makes no impression on the Board and we rule that the respondent are the legitimate owner of the impugned trade mark.