PRABHA SRIDEVAN,CHAIRMAN - (1.) IN all the above cases, facts are identical. The marks are label marks containing the words AYUR' and are in respect of goods of different classes, namely ORA/60/2006/TM/DEL - - No. 536259B in class 31 ORA/61/2006/TM/DEL - - No. 536260B in class 32 ORA/80/2006/TM/DEL - - No. 536258B in class 30 ORA/101/2006/TM/DEL - - No. 536257B in class 29
(2.) THE applicant seeks revocation of the marks on the ground that they have not been used, they are in contravention of S. 9, 11 and S. 18(1) of the Trade Marks Act, 1999 and they are not distinctive of the goods of the respondent.
(3.) THE applicant is a leading company in India engaged in manufacturing diverse goods. They have applied for registration of the marks AYURVIBHA, AYURUVAR and AYURBHOG and had obtained registration. In May 2004, the respondent instituted C.S. No. 124/2004 in the Hon'ble Calcutta High Court for restraining the applicant from using the above marks "or any other marks with the word AYUR as a prefix or suffix." On 10th June, 2004, ex parte injunction was granted against the applicant. On coming to know from the plaint filed by the respondent, that they had obtained registration for the trade mark AYUR in class 29, 30, 31 and 32 in Nos. 536257B to 536260B respectively, the applicants had filed these petitions for rectification. According to the applicant AYUR per se is generic and not distinctive nor inherently capable of distinguishing the respondent's goods. Along with the rectification application, the applicant has filed the interim injunction order dated 10/06/2004 and the web pages using the key words AYUR.;