S.USHA, J. - (1.) APPLICATION for removal of the trade mark CRYSTAL registered under No.1213531 in Class 23 under the provisions of the Trade Marks Act, 1999 (Act in short).
(2.) THE applicants herein are engaged in the business of manufacture and sale of variety of textile articles including ready made garments, hosiery, knitted under wears, knitted garments, sports wear, swimming wear, athletic wear etc. The applicants predecessor adopted the trade mark CRYSTAL in the year 1971 in respect of the above mentioned goods. They have been using the same continuously and extensively since then. The public and the trade identify the goods bearing the trade mark CRYSTAL as that of the applicant. The applicants have spent huge amount towards promotional expenses of their trade mark. The expenditure runs to several lakhs of rupees. The applicants are prior in adoption and by such long, continuous and extensive use their trade mark has acquired tremendous enviable and an unimpeachable reputation and goodwill amongst the public and trade.
(3.) THE applicants trade mark being highly publicized has acquired a well known reputation in the minds of the public. The trade mark itself has become well known and as such the reputation accrued to the said trade mark is not only confined to the goods for which the applicant have made use of the said trade mark but also extends and spills over to all other goods including those that are cognate or allied in nature. The applicants trade mark has thus become highly distinctive of their goods. The applicants have acquired statutory rights to the exclusive use by virtue of registrations granted under the provisions of the Trade Marks Act, 1999 (Act in short). The applicants have registered the trade mark CRYSTAL in various classes. As such they have registered the trade mark CRYSTAL along with the logo and device. The said registrations have been renewed and are subsisting as on date. The applicants have not only obtained trade mark registrations but have also obtained registrations of the artistic work under the Copyrights Act.;