LawforAll

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Monday, December 24, 2012

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.

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INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex Annexe-I, 2 nd  floor, 443, Anna Salai, Teynampet, Chennai 600 018. **** (CI...

GOLDEN TEA,=The basis for seeking cancellation is that the term ‘GOLDEN TEA’ is used to identify a category of tea leaves by the Tea Board of India and the respondent cannot have exclusive right to the use of term ‘Golden Tea’ as their trade mark. Further, all person connected with the tea trade are entitled to use the word ‘GOLDEN TEA’; Device of Cup and Saucer and ‘The Symbol of the best CTC tea’. These are purely descriptive expression and no monopoly rights can rest on any one entity. We agree with this contention in toto. But does that mean the impugned trade mark deserves be ousted from the register lock, stock and barrel? 12. In normal circumstance we would have acted that way. But in this case doing so would confer unfair advantage to the applicant whose style and manner of use of KATARIA’s REAL GOLDEN TEA with device of saucer and cup in the same red label is no different from the respondent’s RAVI’s GOLDEN TEA with device of tea cup in red label. 13. In our view, the end of justice would be met if the respondent label is amended so that the trade mark RAVI’s is given extra prominence and should be at least of the same size as that of GOLDEN TEA, if not larger than it. The requisite amendment to the registered trade mark should be submitted with 30 days from the date of receipt of this Order to the Registrar of Trade Marks at the appropriate trade mark office of the respondent firm in the prescribed form TM – 38 which should then be processed and disposed of expeditiously in accordance with law. 14. ORA/163/2009/TM/AMD is accordingly disposed off in terms of Para 13 above. There is no order as to costs.

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INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai-600018 (CIRCUIT SITTI...