S.USHA,VICE CHAIRMAN - (1.) THE application is for rectification of the impugned Trade Mark under No.1276803 in Class 42 under Sections 47, 57 and 125 of the Trade Marks Act, 1999.
(2.) THE brief facts of the applicants case are: - that the applicant, includes his predecessors -in -title i.e., the partnership firm Khyber Restaurant having its partners viz., Ohm Prakash Bahl, the applicant herein and the other partners. The firm commenced its business of running restaurant in the year 1958 for providing various types of cuisines by using superior quality ingredients and flavours.
(3.) THE applicant's business is for providing aforesaid variety of cuisines presented and prepared exquisitely and causing the customers to have a royal and memorable dinning experience which has added much to the goodwill and reputation of the business of the applicant. This is evident from the fact that at the time of commencement of the business from the same premises it was then 800 sq. feet and has grown to 7000 sq. feet today and customers in spite of such a seating capacity when arrive without the reservation are asked to wait until the table gets vacant. The location of the said restaurant of the applicant has added to its popularity by being situated in a commercial hub of Mumbai. Over the years of popularity and being in the limelight on account of the restaurant being visited by dignitaries and the rich and famous personalities of not only Mumbai but also those visiting from other parts of India and abroad has caused not only the business under the name of Khyber Restaurant to become popular and have goodwill, but has also caused the words Khyber Restaurant and Khyber to become synonymous with it, which needless to state continues as on date.;