JUDGEMENT
S.USHA VICE CHAIRMAN -
(1.) THE above four Original Rectification Applications are for cancellation
of the trade marks "A.T.ANU" (word) under No.1261342 in class 24,
A.T.Anu -Premier Collection under No.1288066 in class 24, A.T.Anu -Pretty
women under No.1288067 in class 24 and A.T.Anu - Bangashree under
No.1288068 in class 24 under the provisions of the Trade Marks Act, 1999.
(2.) THE application under No.1261342 was filed on 16.1.2004 claiming user since 01.01.1990 and the mark was registered on 14.10.2005. The other
applications under Nos.1288066, 1288067 and 1288068 were filed on
04.06.2004 claiming user since 01.11.2003.
(3.) THE applicant has been carrying on business of manufacturing and trading of various types of sarees and textile materials under the name
and style of "Anuj Textiles". The said trade mark Anuj became the house
mark of the applicants since 1988.
The trade mark Anuj became distinctive by virtue of long and continuous use. The expenses towards promotional activities increased
from Rs.13,500/ - in the year 1989 -1990 to Rs.80,200/ - in the year
2003 -2004. The sales figure was Rs.3,14,49,043/ - in the year 1988 -1989.;
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