S.USHA,VICE CHAIRMAN - (1.) THE applicants have filed the instant rectification application for removal of the trade mark "DHUNSERI" Tea Label registered under No.620878 in Class 30 under the provisions of the Trade Marks Act, 1999.
(2.) THE applicants are carrying on an established business of manufacturing and marketing of tea since the year 1916. Initially the company was incorporated under the name "DHUNSERI" Tea Company Limited which was changed to Dhunseri Tea and Industries Limited, which then changed to Dhunseri Tea Limited with effect from 16.06.1970. The name was further changed to Dhunseri Petrochem & Tea Limited with effect from 01.07.2010.
(3.) THE appellants have been marketing their goods under the trade mark Dhunseri since 1916 (in respect of tea). The applicants have also been using the trade marks - Dhunseri - word mark being the essential part of each of the trade marks. The other marks are "Dhunseri Lal Ghora" and "Dhunseri Kala Ghora". The goods under these trade marks are in high demand. The sales figures run to several lakhs of rupees. The trade marks have been popularized through extensive advertisement, promotion and marketing and for such purposes not only huge sum of money but also considerable time and effort have been expended.;