S.USHA,VICE -CHAIRMAN - (1.) APPLICANT is seeking cancellation of the trade mark KIT PLUS in class 19 registered under No. 998225 under the provisions of the Trade Mark Act 1999.
(2.) THE applicant herein is carrying on business of manufacturing and marketing of Plywood, Plyboard, laminates and allied goods and the said goods are sold under the trade mark KITPLY since 1982. The applicant also uses various other trade marks namely KITBOARD, KITBOARD PLUS, KITLAM, KITMICA, KITMDF & KIT WOOD. The applicants have also applied for registration of the trade mark having Kit as a prefix in various classes. The goods bearing the trade mark KIT is associated with the applicants and use by any other person would create confusion in the minds of the customers. The artistic mark has also been registered under the Copyright Act 1957 under No. A -53202/96 dated 29/03/1986.
(3.) THE applicants goods bearing the trade mark with the prefix Kit has been sold throughout the country extensively. The sales turnover in the year 1984 was Rs. 7,70,89,906 which increased to Rs. 47,72,11,319 in the year 2003 -2004. Their expenditure on advertisement, publicity and promotion also runs to several lakhs of rupees. In the first week of March 2003, the applicants came to know of the respondents registration. The applicants made a search in the market and came to know that the respondents who are the registered proprietors of the trade mark have been selling the goods plywood under the impugned trade mark Kit Plus. Immediately, the applicants lodged a compliant before the Police authorities. Thereafter as no action was initiated by the Police authorities, the applicants filed a criminal complaint before the First Class Magistrate, Nagpur.;