S. Jagadeesan, Chairman - (1.) THIS appeal is by the appellant against the order of the Assistant Registrar of Trade Marks rejecting their objections for the registration of the respondent's trade mark "APPU" brand and the device of an Elephant in respect of wheat products viz., Maida, Rawa, Sooji, Atta, in class 30.
(2.) The respondents filed an application in Form TM-1 on 1st April, 1987 under No. 470144 for registration of a trade mark APPU brand and device of an Elephant in respect of wheat products. The mark was ordered to be advertised before acceptance in the Trade Marks Journal dated 16.11.1992. The appellant filed their objections on 12.1.1993 stating that they are the proprietors of the trade mark APPU brand in respect of Maida, Sooji, and Atta, in class 30 and have applied for registration of their trade mark on 16.1.1992 and the same is pending with the Registry and that they have been continuously and extensively using the aforesaid APPU brand ever since January, 1983 and the said trade mark has become will known and much reputation and valuable goodwill have accrued. The trade mark sought to be registered by the respondent is identical with and/or deceptively similar to the appellant's trade mark and as such the same is prohibited under Section 12(2) of the Act. Further, the appellant being the established user, the registration of the respondent's mark is prohibited under the provisions of Section 11 (a) and11(e). The respondents also filed counter denying the averments made by the appellant in the notice of opposition. The Assistant Registrar of Trade Marks, under the impugned order over-ruled the objections of the appellant and directed the acceptance of the trade mark of the respondent. The appeal is against the said impugned order of the Assistant Registrar. We have heard Ms. Gladys Daniel on behalf of the appellant and Ms. Usha on behalf of the respondent.
(3.) THE main contention of the learned counsel for the appellant is that a mere book of both the trade marks would clearly give the picture with regard to the identity of similarity for a naked eye. When that be so, the impugned order of the Assistant Registrar cannot be sustained. Moreover, the Assistant Registrar is not correct in finding that APPU being the symbol of Asian Games has becomes a public juris of general nature and consequently the appellant cannot raise any objection.;