S.USHA,VICE -CHAIRMAN - (1.) ORIGINAL rectification application is for removal of the trade mark LAVANYA (label mark) under No. 1004039 in class 3 under the provisions of the Trade Marks Act, 1999.
(2.) THE applicants case is that they are one of the leading manufacturers of Talcum Powder and perfumes in powder form for application on fabrics. They honestly adopted and used the trade mark LAVANYA since 1977. They applied for and obtained registration of the trade mark LAVANYA under No. 405463B in class 3.
(3.) THE mark was registered in the name of M/s. Hirusah Cosmetics (P) Ltd. and was subsequently assigned to the applicants herein in the year 2003. The recordal of assignment is pending before the Registrar of Trade Marks. The applicants goods bearing the trade mark LAVANYA is known for its quality and standards. By efforts, promotional activities and advertisements they have build up a substantial reputation among the trade and public. The applicant is the first adopter and user of the trade mark LAVANYA for collar perfume. The applicants registered trade mark is written in an artistic foil based sheet and all descriptive matters appearing thereon in red colour. The applicants have adopted a peculiar colour scheme and artistic work. The public identify the goods bearing the trade mark LAVANYA with the peculiar colour scheme as that of the applicants and with none else. By nature of continuous use and extensive sale, the applicants goods have earned a good and enviable reputation.;