S.USHA,VICE CHAIRMAN - (1.) ALL the original rectification applications are for the removal of the Trade Marks Cadbury's Chocolate Eclairs registered under Nos. 298102, 353398, 436335 and 327607 in Class 30 under the provisions of the Trade Marks Act, 1999.
(2.) THE brief facts of the applicants case is that: - The applicant an existing company is one of the leading reputed corporate in India and has been engaged in the business of marketing and manufacturing consumer goods since 1910. The applicant's trade mark has acquired an immense goodwill and reputation owing to high quality of the goods manufactured by them.
(3.) THE applicant started business of marketing confectionery products in the year 2002 under the brand names "Minto - O" & .Candyman. The applicant started marketing the clairs confectionery in or about August, 2003. Since then, the applicant has been continuously and extensively using the trade mark clairs in conjunction with its famous trade mark "Candyman" which was well recognized by the customers. On 05.04.2005, the applicants were shocked to receive an order of exparte injunction dated 01.04.2005 restraining the applicant from using the trade mark "Eclairs" or any other deceptively similar trade mark. The said order was passed by the City Civil Court Judge, Ahmedabad in a suit filed by the registered proprietor/respondent herein.;