S.USHA - (1.) ORIGINAL rectification application has been filed for removal of the trade mark registered under No. 1280212 in class 39 under the provisions of the Trade Marks Act, 1999.
(2.) THE brief facts of the case is: - The applicant company is engaged in tours, travels, destination management, corporate package, conferences, meetings, ticketing and other related and allied business activities. Their annual turnover of the year 2000 -2001 increased from Rs. 17.10 crores to Rs. 48.61 crores in the year 2005 -2006. The company was established with many aims and objectives. The applicant company has made a wide spread global work in the field of tours and travels industry, destination management, corporate packages, conferences and meetings. They are members of various esteemed organizations.
(3.) THE applicant company was founded by Shri Ram Kohli who is considered as the goodwill Ambassador in the field of Tourism. Shri Ram Kohli has played prominent role in the field of development of Indian Tourism in Germany and United States. He created new Markets in United States, Germany and other European countries for India as a destination. He promoted the first charters from America in 1972. After returning to India, Shri Ram Kohli founded the petitioner company "Creative Travel" in 1977 as one of the most quality conscious companies in the field of Tours and Travel. Shri Ram Kohli in the capacity of Chairman or "Creative Travel" has been involved with various Indian & International Travel Organizations. He is the founder President of Indian Association of Tour Operators (IATO), a national body of Tour Operator in India. Shri Kohli held fiver terms as President IATO and today the success of this Association can be attributed to the vision of Shri Ram Kohli. In 1999 as the Chairman of the petitioner company, Shri Ram Kohli was awarded PATA Chairman's Achievement Award in the presence of the Crown Prince of Japan. In 2003, he has been honoured as the "International Travel Agent of the year" by the American Society of Travel Agents (ASTA). Shri Ram Kohli took over as Chairman of PATA Worldwide in the year 2004 as the 53rd Pacific Asia Travels Association Annual Conference held in South Korea for the period 2004 -2005. It is also submitted that Mr. Ram Kohli is the only 2nd Indian from the private sector in the history of the Organisation to get elected as the Chairman. 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. The company became a well known company on accounts of its wide advertisement. The applicant is clearly recognised by the Department of Tourism and has won several national and international awards. The applicant was awarded the Friend of Nepal by the King of Nepal and Indian Airlines Trophy for excellence in International Marketing.;