- (1.) THIS original rectification application is to expunge and remove the trademark registered under No.330375 in Class 30 under the provisions of the Trade Marks Act, 1999 (hereinafter referred to as the Act').
(2.) THE brief facts of the case are - The trademark Haldiram Bhujiawala' was invented in the year 1941 which was adopted by Mr.Ganga Bishan, in respect of his business for the manufacture and sale of sweets, papads and saltish articles. On account of the quality of the products, the trademark Haldiram Bhujiawala' acquired popularity in a short span of time. Mr.Ganga Bishan expanded his business to other cities including Kolkata.
(3.) IN 1956, Mr.Ganga Bishan took his sons, Moolchand, Rameshwar Lal and Sati Das as partners in the firm, Haldiram Bhujiawala, also trading as M/s.Chandmal Ganga Bishan. The trademark, Haldiram Bhujiawala' in the course of trade became an asset of the partnership firm. With effect from 10.11.1958, Mr.Rameswar Lal retired from the firm leaving all assets and liabilities of the firm including goodwill in the hands of the continuing partners. Mr.Shiv Kishan, grandson of Mr.Ganga Bishan was admitted to the partnership firm by a deed of partnership dated 02.01.1959. After retirement, Mr.Rameshwar Lal shifted to Kolkata and was permitted to use the trademark Haldiram Bhujiawala' in Kolkata only by Mr.Ganga Bishan. Mr.Sati Das retired from the partnership firm leaving all assets and liabilities of the firm including the goodwill in the hands of the continuing partners and the partnership was reconstituted vide partnership deed dated 31.10.1969 whereby Mrs.Kamala Devi wife of Mr.Rameshwar Lal was included as a partner in the said firm. Mr.Ganga Bishan, Mr.Moolchand, Mr.Shiv Kishan and Mrs.Kamala Devi thus became partners in the firm known as Haldiram Bhujiawala also trading as Chandmal Ganga Bishan' with effect from 31.10.1969.;