S.USHA,VICE -CHAIRMAN - (1.) THE above appeal arises out of the order dated 04/10/2006 passed by the Deputy Registrar of Trade Marks allowing the opposition No. CAL -162087 and refusing the registration No. 1027503 in class 9.
(2.) THE appellants herein filed an application for registration of the trade mark KADIO under No. 1027503 in class 9 on 15/07/2001, claiming user since 01/04/2000. The said application was advertised in the Trade Marks Journal No. 1306 Supplementary (2) dated 04/11/2003 at page 362. The respondents herein filed an opposition objecting to the registration of the trade mark. The main objection was that they are the registered proprietors of the trade mark Casio in respect of various goods in classes 9 and 14. The word Casio is the essential feature of their corporate name.
(3.) THE rival marks Casio and Kadio are deceptively similar and there was possibility of confusion and deception and hence prohibited under section 11 and 12 of the Trade Marks Act, 1999. The respondents' trade mark had acquired international repute and appellants' adoption was only to trade upon the goodwill earned by the respondents. The appellants therefore cannot claim any proprietary right under section 18(1) of the Act. The appellants filed their counter statement stating that they are using the trade mark since 2000 and that there has been no instance of confusion and deception.;