S.USHA,VICE -CHAIRMAN - (1.) THE instant rectification application was filed for removal of the trade mark TUFAN MALE BIDI (label mark) registered under No. 678922 in class 34 before the Hon'ble High Court of Delhi in C.O. 14/2003. The application was transferred to this Board as per the provisions of section 100 of the Trade Marks Act, 1999 and re -numbered as TRA/120/2004/TM/DEL.
(2.) THE brief facts of the case is as under: - The applicant is carrying on business of manufacturing and marketing of bidis under the name and style of Mohammed Sattar and Co. Mohammed Sattar was carrying on business of manufacturing and marketing of bidis under the trade mark TOOFAN MAIL and the said trade mark was registered in his name under No. 120075 as of 15/03/1946 and No. 159778 as of 27/07/1953 in class 34 in respect of bidis. The said trade mark was used openly and extensively.
(3.) ON 02/09/1963, a Will was executed by Mohammad Sattar in favour of his wife Smt. Shakooran Bibi and after her lifetime in favour of his nephew Mr. Mushtaq Ahmed. The said Will was registered. The entire properties were therefore, enjoyed by Smt. Shakooran Bibi and after her lifetime it would devolve on Mr. Mushtaq Ahmed. Mr. Mohammad Sattar had no issues. On 26/03/1964, Mr. Mohammed Sattar passed away and later Smt. Shakooran Bibi also passed away. By virtue of the Will, Mr. Mushtaq Ahmed became the absolute owner of the business and properties.;