Raghbir Singh, Vice-Chairman - (1.) APPLICATION for rectification of the register under Sections 46, 56 and 57 was filed as O.P. 73/2003 in the High Court of Judicature at Madras and the same has been transferred to this Board under Section 100 of the Trade Mark Act, 1999 and has been numbered as TRA/38/2003.
(2.) Petitioner manufactures and markets tea under its trade mark and label 'BALAJI 5 STAR'. He claims to be in the business since the year 1998. His mark consists of a distinctive device of cup and saucer alongwith the word mark 'BALAJI 5 STAR' in respect of tea products. The trade Mark and label 'BALAJI 5 STAR' is dressed in red colour in order to make the product more attractive and catchy. On the prayer dated 1st June, 2004 of the first petitioner to implead M/s Belcare India Care Limited as the second petitioner, this Board was pleased to order for impleading the said M/s Belcare India Care Limited as the second petitioner vide its order dated 11th June, 2004. The petitioner submits that he has spent more than Rs.70 lakhs towards promotion and advertisement of the product under the said label. He has given his sales turnover for the years ending 31.3.1999, 31.3.2000 and 31.3.2001.
(3.) FIRST respondent is a holder of registration of trade mark for the label 'ASSAM FIVE STAR' which he claims to be a device mark, besides including the mark 'FIVE STAR' the other incidental and attaining things thereto. The first respondent filed a suit CS No. 750/2002 against the first petitioner. FIRST petitioner claims that the first respondent has not registered the word 'FIVE STAR' as such and the registration is in respect of composite label and thus the first respondent is falsely claiming monopolist right over the word 'FIVE STAR'.;