DOUBLE COIN HOLDINGS LIMITED Vs. TRANS TYRES (INDIA) PVT. LTD.
LAWS(IP)-2013-3-8
INTELLECTUAL PROPERTY APPELLATE BOARD
Decided on March 07,2013

Double Coin Holdings Limited Appellant
VERSUS
TRANS TYRES (INDIA) PVT. LTD. Respondents

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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