S.USHA,VICE CHAIRMAN - (1.) THE applicant is a company incorporated under the provisions of the Companies Act. The applicants and its sister concern, M/s.Relaxo Rubber Private Limited are together recognized as one of India's leading footwear manufacturers. Their business has grown by leaps and bounds over the years. They are the proprietors of the trademark Relaxo in respect of footwears. The trade and public recognize the goods originating from the applicants' source as goods of high quality and standard.
(2.) THE applicants in addition to the adoption and use of the trademark Relaxo have also had the House Mark "Relaxo" and the applicants had bonafidely and honestly adopted the trademark Spark/Sparx. They had also adopted and used the trademarks such as, Spirit, Leatherite, Relaxo School Mate, Flite, Velo, Relaxo, Magma, Sprint, etc. They had been using the marks independently or in conjunction with or without their House Mark Relaxo honestly and concurrently.
(3.) THE applicant is the registered proprietor of the trademark Spark in respect of footwear under No.1229602 dated 01.09.2003. The applicant has been using the trademark since the year 2003. The applicant has also adopted and used the trademark Sparx. Since the year 2002, the applicant had used the trademark Sparx continuously and honestly as an independent mark or with the House Mark Relaxo'. At that time, no such mark i.e., Spark/Sparx was in use by any other manufacturer in respect of footwear. The applicants trademark Sparx was continuously and extensively used and was advertised through various medias. The applicants had also been exporting goods under the trademark, Sparx to various countries. The applicant is the proprietor of the trademark, Spark/Sparx in respect of footwear on account of prior and bona fide adoption, extensive use and wide publicity. The trademark Sparx has thus become very famous and well known trademark.;