S. Usha - (1.) APPEAL arising out of the order dated 18.11.2005 passed by the Joint Registrar of Trade Marks dismissing the opposition No. CAL 119704 and allowing the application No. 838525 in class 7 to proceed to registration. The respondent herein filed an application for registration of the trade mark KAMAX in class 7 under No. 838525 with the device of a screw inscribed square in respect of machines, apparatus and machine tools for treating, processing or controlling the fashioned parts and forming parts especially hydraulic presses' included in class -7. The mark was proposed to be used. The mark was advertised in the Trade Marks Journal No. 1 (Supplementary) dated 14.6.2003 at page 1370.
(2.) THE appellants herein opposed the application for registration. The opponent stated that they are the registered proprietors of the trade mark MEX registered under No. 211055 and 351897 both in class 9 in respect of electrical switchgears and switches and ignition switches, electric capacitors, plugs, sockets, transformers, distribution boards and electrical circuit breakers respectively. The appellants have been using the same since 1960. They are also the registered proprietors of the trade mark MEX registered under No. 495452 in class 7 in respect of starting devises for electric motors (not for land vehicles) and parts thereof. The impugned trade mark KAMAX is phonetically and visually similar to the opponents registered trade mark MEX and the goods are also of the same description. The respondents use will result in deception and confusion. The impugned trade mark is not distinctive and does not qualify for registration under Section 9 of the Act. The respondents are not the proprietors of the trade mark and the registration therefore would be in contravention of the provisions of Section 18 of the Act. The registration would be in contravention of provisions of Sections 9, 11, 12 and 18 of the Act.
(3.) THE respondents filed their counter statement stating that there was no similarity between the marks. The goods are different. They honestly adopted the trade mark KAMAX from their corporate name and that they have obtained registration of the trade mark KAMAX in more than 30 countries. The trade mark KAMAX has acquired worldwide reputation and is identified exclusively.;