V.RAVI TECHNICAL MEMBER - (1.) THE appellant herein are aggrieved by the refusal of the opposition filed by them against the registration of the trade mark application No.1255896 of the respondent by the Deputy Registrar of Trade Marks, Kolkata and have filed the instant appeal to set aside the order and decision dated 3rd July, 2007 permitting the registration of the respondent's trade mark "abt SONY" in class 25. The particulars and the grounds of the appeal are briefly as follows:
(2.) THE appellant is a world famous Japanese Company with subsidiaries and affiliates all over the globe.
(3.) THEY are the registered proprietor of the trade mark "SONY" in India in classes 3, 9, 14, 21 and 25. The appellants mark "SONY" is an internationally well known trade mark used and registered in over 200 countries. According to a survey conducted by Harris Interactive in 2006, Sony was registered as the "Best Brand" in USA for the 7th consecutive year with an estimated brand value of over US $ 15 billion. In fact, by common consensus it is one of the famous mark in the world. The appellant have set up a wholly owned Indian subsidiary "SONY INDIA PVT. LTD. It is using the trade mark Sony on all its products. Further, through its subsidiary Sony Music Entertainment Incorporated and Sony Picture Entertainment it has built up a worldwide music and image based software market. In fact, it is the world leader in commercial, industrial electronic and entertainment business aggressively expanding its business outside Japan.;