S.USHA VICE CHAIRMAN - (1.) THE original appeal arises out of the order dated 30.3.2007 dismissing the opposition No.KOL -217834 and allowing the application No.1326200 in class 5 to proceed to registration after amending the goods, passed by the Deputy Registrar of Trade Marks.
(2.) THE respondents herein filed an application for registration of the label mark consisting of the word Sense on 16.12.2004 under No1326200 in class 5. The mark was proposed to be used on the date of application. The mark was advertised before acceptance in Trade Marks Journal No.1335 dated 01.10.2005 at page 226.
(3.) THE appellants opposed the registration on the ground that they are in the business of medicinal and pharmaceutical preparations for several years. They are using the trade mark "Sensur" and are registered properties of the trade mark Sensur under No.367409 B as of 10.10.1980 They are using the trade mark Sensur since the year 1982. Their trade mark is well known. It is openly, continuously and extensively used since then. The registration would definitely cause confusion and description among the trader and public and would be in continuation of the provisions of Section 11 of the Act. The dishonest adoption of the impugned trade mark is only to earn profit on the goodwill and reputation enjoyed by the appellants. The respondents cannot claim any proprietary right under Section 18 of the Act.;