Decided on June 21,2009

National Fans Limited Respondents


MD.TAFAZZUL ISLAM,J. - (1.) This petition for leave to appeal, at the instance of the opposite party/petitioner, is directed against the judgment and order dated 1.8.2006 of the High Court Division passed in Trade Mark Appeal No.63 of 2001 dismissing the appeal preferred impugning the order dated 10.9.2001 of the Deputy Registrar of Trade Marks passed in Opposition Case No.1657 of 2000 though allowing the prayer of the petitioner to keep Trade Mark GX 06661 hut restraining him from using the words "BISCI Tongi" or [xxx xxx] on the body of the fan produced by him or in the package/cartoon of the fan produced by him.
(2.) The petitioner filed Application No.26527 dated 14.11.99 in Class 2 before the Registrar of Trade Marks Dhaka for registration of the Trade Marks GX 06661 and the said trade mark application was advertised at page 51 in the Trade Marks Journal No. 203 dated 30.5.2000 published for the month of April and May 2000.The respondent No.1 then filed T.M.5. being Opposition Case no.1657 of 2000. contending that they adopted the numeral 00661 with "National" as the composite trade mark and applied for registration of the said numeral before the Registrar of Trade Mark on 7.9.2000 in Class 2 and that allured by the good will and reputation of their composite Trade mark numeral, the petitioner subsequently adopted the alphabet GX and number 06661 as his trade mark and so their prayer for registration offends the provisions section 14(1) 8(a) and 6(1) (c) of the Trade Marks Act, 1940.
(3.) The petitioner filed T.M.6, i.e., counter statement, contending that he, since 1966, adopted the composite trade mark consisting with the letter GX with numeral 06661 in respect of the ceiling fans produced by him and since then he had been continuously and extensively using the said trade mark throughout the country and due to long continuous and extensive use of the above trade mark and also due to excellent quality of the product, the ceiling fans proceeded by him and bearing the Trade Mark of GX 06661 became very popular in the country and the ceiling fan with the Trade Mark GX 06661, is identified by the user as the products of the petitioner and of nobody else and further the Trade Mark GX 06661 is not in conflict with the opponents Trade Mark 00661 and as both are not same visually, phonetically and structurally and the number 00661 is of design only and the respondent No.1, only to delay the registration of the Trade Mark GX 06661 of the petitioner, has filed the Opposition Case No.1657 of 2000 and the ceiling land produced by the petitioner has also been duly certified by the BSTI after due testing.;

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