S. Usha - (1.) ORA/59/2005/TM/DEL
(2.) THE original rectification application is filed for removal of the trade mark VEGA ASIA registered under No. 1079405 in Class 5. The applicants conceived and adopted the trade mark VEGA/VEGAH, VEGA 50, VEGA 100 in respect of pharmaceuticals and medicinal preparations in or about the 2001 and used the same since then. The applicants are the registered proprietors of the trade mark VEGAH Tablets under No. 1098288 in Class 5. The applicants are the proprietors of the trade marks VEGA 50, VEGAH TABETS, SUPER VEGA, VEGA, VEGA 100(L), VEGA, VIGA, VEEGA, VIGORA, VIGORA. The artistic labels VEGA 50 and VEGA 100 are registered under Nos. A -73948/05 and A -71710/05 respectively.
(3.) THE registered trade mark VEGA ASIA is similar to the applicants trade mark VEGA, VEGA 50, VEGA 100 and VEGAH. The impugned registration has been registered fraudulently as the applicants are registered proprietors of the trade mark VEGAH. On account of long and continuous use, the applicants goods bearing the trade mark VEGA has come to be associated with the applicants only, among the public. The impugned trade mark was not inherently adopted to distinguish nor capable of being distinguished on the date of application for registration as it was proposed to be used and therefore contrary to the provisions of Section 9 of the Act. The respondents have no reason for the adoption of the trade mark VEGA ASIA.;