S. Usha - (1.)
(2.) APPEAL against the order passed on 23.10.2007 by the Assistant Registrar of Trade Marks directing that the registered trademark under No. 970107 to be deleted from the Register in the matter of notice issued under Section 57(4) of the Trade Marks Act, 1999. The brief facts of the case are: - - The appellant herein is a market leader carrying on business of manufacturing, marketing and selling of electrical goods including heaters and heating elements under the label mark "Real Kwality" since the year 1998. By virtue of extensive, continuous and long use the appellants goods bearing the trademark "Real Kwality" had acquired a goodwill and reputation among the public. In order to acquire statutory protection, the appellant had applied for registration of the trademark under No. 970107 in class -11 claiming user since 1998. The said application was advertised in the Trade Marks Journal. The mark was not opposed registration and therefore, proceeded for registration. The trademark was registered and the certificate of registration dated 31.01.2004 was issued.
(3.) ON 01.01.2002, the 1st respondent had applied for registration of the trademark "Kwality" under No. 1071067 in Class -11. The appellant on coining to know of the mala fide intention of the 1st respondent verged on the 1st respondent who assured that they would change the label and also assured that they would also file appropriate application for changing their label before the Trade Marks Registry.;