- (1.) THE applicant is carrying on business since 1993 under the trade mark "Paneri" in English, Hindi & Gujarati script. They are dealing with the goods Sarees and Dress Materials as Textile piece goods. They had been using the trade mark "Paneri" openly, extensively, continuously, concurrently since the year 1992.
(2.) THE respondent obtained registeration of the trade mark "Paaneri" with the device of Sun and letter P in relation to goods - Sarees and Textile Materials for preparing dresses included in class 24. The respondent was aware of the applicant's use of the trade marks Paneri as early as 1995. The respondent had issued a cease and desist notice in the year 1995. In the year 2006, the respondent issued another legal notice. The applicant had sent suitable reply to the notice.
(3.) IN the year 2008, the respondent had filed a criminal complaint and the information as to filing of the criminal complaint was received by the applicant by a letter from the superintendent of police. But till date no copy of the complaint has been served on the applicant. The trade mark Paneri is used by various persons and the trade mark is not distinctive and is not capable of being distinguished. The impugned trade mark is not used continuously in relation to the goods till date and therefore liable to be removed. The application has been fined on 05.12.1989 claiming user since 01.10.1989. The trade mark could not have acquired distinctiveness within two months.;