M/S. RAJAN JHIRIWAL Vs. YOGESH KUMAR AGGARWAL
LAWS(IP)-2013-4-9
INTELLECTUAL PROPERTY APPELLATE BOARD
Decided on April 15,2013

Appellant
VERSUS
Respondents

JUDGEMENT

S.USHA - (1.) THE original rectification application is for removal of the trade mark MAMAJI registered under No.598631 in class 34.
(2.) THE applicant is a partnership firm comprising of Shri Rajan Jhiriwal and Smt. Madhu Jhiriwal. They are engaged in the business of manufacturing and distribution of ghutka and pan masala under the trade mark MAMA. Due to long and extensive usage the mark acquired wide reputation and goodwill in the market.
(3.) SHRI . Kamal Jhiriwal, father of Shri Rajan Jhiriwal and Shri Robin Jhiriwal and Smt. Madhu Jhiriwal took up some job with his sister's husband who has Pan Shop and Tobacco Mewa business. Shri Kamal Jhiriwal was known as MAMA by the children of his sister and his friends also called him Mama. He became famous as Mama in the Alwar town. In 1983, he set a pan shop under the name MAMA. The sale of gutkha in indigenous form (Mewa) based on traditional knowledge under the trade mark MAMA was first started by Shri. Kamal Jhiriwal since 1983. Due to its blend and flavour, followed with the hygienic standard and packing the prepared pan and gutkha under the name MAMA became the talk of the town. Shri Kamal Jhiriwal adopted an artistic work consisting of star and pink white combinations. The same came to be adopted by his son Shri Rajan Jhiriwal with his consent. The applicants carried their business extensively and continuously under the trade mark MAMA since the year 1983. In the year 2000, a family settlement was arrived at between Kamal Jhiriwal and Rajan Jhiriwal and the son Rajan Jhiriwal continued the business under the trade mark MAMA. The sales turn over runs to several lakhs of rupees.;


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