PRABHA SRIDEVAN,CHAIRMAN - (1.) THIS application is for removal of the trade mark H.R.P.L. (letter mark) in the name of the respondent in class 12 Trade Mark 921396 was advertised before acceptance in the Journal dated 25.11.2003. The certificate mentions that the goods in respect of which the Trade Mark is claimed is Bicycle tyres and tubes.
(2.) THE applicant is Hari Rubbers Private Limited. According to them after their incorporation, they started marketing tyres and tubes to be used in different land vehicles including bicycles and cycle rickshaws under the name consisting of letters "H.R.P.L." According to the applicant this was derived from the name of the company. In 2004, the applicant added the words "Hindustan" and had been using the same openly, continuously and extensively. On 3.10.2005 the applicant filed an application for registration of the mark H.R.P.L. Hindustan in class 12 under No.1339207. The aforesaid goods of the petitioner are sold widely in India and the public associates this mark with the applicant's goods. On 4.5.2006 the respondent issued a legal notice claiming that they had adopted this mark H.R.P.L. in 2000. This is the impugned mark.
(3.) THE applicant contends that the respondent has never carried on business in the goods in question on the date of application. On the other hand, it is the applicant, who had adopted the letters "H.R.P.L." in 1991. Therefore the applicant is the prior adopter and prior user of the mark H.R.P.L. and protected under Section 34 of the Trade Marks Act, 1989 (in short Act'). The respondent's mark ought not to have been registered in violation of Section 9. The respondent has not used mark nor is there any bona fide intention to use. On these grounds the removal was sought for.;