S.USHA VICE CHAIRMAN - (1.) THE original rectification application is for the removal of the Trade Mark "Hans Smart" registered under No.763522 in Class 6 under the provisions of the Trade Marks Act, 1999.
(2.) THE applicant is engaged in the business of manufacturing and marketing various iron/steel structural including joints, channels, H -Sections, T -Sections etc. under the Trade Mark Raj, Samrat, Raj Moti, Raj Sartaj, Swaraj, etc. since 1987. Within the short span of around 17 years, the applicant's sales has reached an annual turnover of Rs.11,028 crores. The applicants goods are marketed all over India and are predominantly used in the construction business and engineering activities.
(3.) THE applicants adopted and used the Trade Mark "Smart" since 01.04.1987. On account of extensive marketing and continuous use, the trade mark Smart' has acquired formidable goodwill and reputation among the public. On 01.08.1989, the applicant filed an application for registration of the trade mark "Smart" under No.514249 in class 9 in order to secure statutory protection. The steel structure marketed by the applicant under the trade mark "Smart" has become extensively popular amongst the class of customers and the trade concerned with such business over past several years which is evident from the sales figures 1987 -1988 - Rs.128.89 lakhs and in 2003 -2004 - Rs.661.70 lakhs. The applicants had incurred substantial expenses for the sale promotional schemes and advertising.;