K.N.BASHA,CHAIRMAN - (1.) THIS appeal is against the order dated 30/03/2010 passed by the Deputy Registrar of Trade Marks dismissing the Notice of Opposition No. MAS 236946 and MAS 236947 filed by the appellant herein with respect to the application No. 1257304 and 1257305 respectively.
(2.) THE appellant herein has challenged the logo of the respondent's trade mark claiming that the same is deceptively similar to that of the logo of the appellant. Both the respondent and the appellant are engaged in the manufacture and sale of watches.
(3.) THE appellant challenged the impugned order on the ground that the findings arrived at by the Deputy Registrar are contrary to the facts and law and in all the probabilities of the case. The findings of the Deputy Registrar are perverse in holding that the logo is not similar to that of the appellant. The appellant also raised ground to the effect that the Deputy Registrar had failed to notice that the mark applied for the registration consists of the registered trade mark of the appellant, which would attract provisions under section 11(1) on relative grounds of the Trade Marks Act, 1999 (hereinafter referred to as the Act) and the impugned mark is similar to the earlier registered trade mark of the appellant and even the goods are also the same in respect of which the impugned trade mark is used as that of the earlier trade mark of the appellant which has been registered.;