JUDGEMENT
S.USHA,VICE -CHAIRMAN -
(1.) THIS application is for removal of the trade mark DOUBLE COIN registered under 1616634 in class 12 under the provisions of the Trade Marks Act,
1999.
(2.) THE brief facts of the case are: - The applicant was known by the name of Shanghai Tyre & Rubber Company
Limited which changed its name to DOUBLE COIN HOLDINGS. It's the holding
corporation for several tyre related business units. It is significant to
mention that included in this were, corporate name changes for most of
Double Coin Holdings Limited subsidiaries including two main tyre
manufacturing facilities i.e. Double Coin Group Shanghai Double Coin
Heavy Duty Tyre Company Limited and Double Coin Group Rugao Tyre Company
Limited.
(3.) THE applicant is a leading publicly treated global manufacture of tyres and other products and distributed to more than 90 countries. In
1930 the factory established two well known DOUBLE COIN and WARRIOR brand which enjoy great popularity over the rubber field.
The applicant is a Shanghai based tyres manufacturing company and marketing of all steel radial heavy duty truck tyres, bias light truck
tyres, bias truck tyres, radial light truck tyres and other allied and
cognate goods for the past several decades. In the year 1930, the
applicants honestly and bonafidely invented and adopted the distinctive
trade mark Double Coin in respect of the goods manufactured, sold and
marketed by it. The trade mark has been used extensively and widely
across the world since its adoption. The applicant is the owner,
proprietor of the trade mark. The trade mark is distinctive. It is a well
known trade mark. The trade mark Double Coin is an invented and coined
word in relation to the goods sold by the applicant.;
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