SOCIETE DES PRODUITS NESTLE Vs. SWARAJ INDUSTRIAL AND DOMESTIC APPLIANCES PVT. LTD., THE CONTROLLER OF GENERAL OF PATENTS AND THE SR. EXAMINER OF TRADEMARKS
LAWS(IP)-2013-5-3
INTELLECTUAL PROPERTY APPELLATE BOARD
Decided on May 31,2013

SOCIETE DES PRODUITS NESTLE Appellant
VERSUS
Swaraj Industrial And Domestic Appliances Pvt. Ltd., The Controller Of General Of Patents And The Sr. Examiner Of Trademarks Respondents

JUDGEMENT

S. Usha - (1.) ALL these four appeals arise out of the order dated 19.9.2009 dismissing the oppositions and allowing the applications to proceed for registration as per the procedure. OA/12/2010/TM/MUM: The respondents herein filed an application for registration of the trademark Maggi in Class -11 in respect of electric fans, heater, geysers, bulbs, tube -lights, torch, exhaust fan, emergency light, transformer, electric fittings, stabilizer, regulator, electric hot plate for cooking, fridge, air conditioner, water cooler, room cooler. Electric components, gas lighter and other heating, lighting and cooking apparatus and utensils under No. 52532. The application was filed on 10.01.1990 claiming user since January, 1984. The said application was advertised in the Trade Marks Journal No. 1129 dated 16.06.1996. This was opposed by the appellants herein on various grounds. OA/13/2010/TM/MUM:
(2.) THE respondents herein filed an application for registration of the trademark Maggi under No. 522533 in class -21 in respect of Domestic utensils, household articles, plasticwares, glasswares vegetable cutters, thermowares, flower plates, buckets, plant sets, vacuum flasks, water filters, casserolls, caterers (food) brushes, cup, saucers all being goods included in class 21 in January, 1990 claiming user since January, 1984. This was advertised in the Trade Mark Journal No. 1129 dated 16.6.1996. This was opposed registration by the appellants. OA/14/2010/TM/MUM: The respondents herein filed an application for registration of the trademark Maggi in January 1990 under No. 522531 in class -7 in respect of washing machine, grinding machine, mixer, juicers and slicer attachments and parts thereof claiming user since January 1984. The same was advertised in the Trade Marks Journal No. 1129 dated 16.06.1996. The appellants herein opposed the registration. OA/19/2010/TM/MUM:
(3.) THE respondents herein on 22.03.1994 filed an application for registration of the trademark Maggi under No. 622735 in Class 8 in respect of hand tools and implements (hand operated) and cuttery claiming user since August, 1992 which was advertised in the Trade Marks Journal No. 1299 dated 21.07.2003. The same was opposed by the appellants herein.;


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