Raghbir Singh, Vice-Chairman - (1.) APPEAL CM(M) No. 9 of 1995 filed in the High Court of Delhi has been transferred to this Board in terms of Section 100 of the Trade Marks Act, 1999 and has been numbered as TA/103/2003/TM/DEL.
(2.) Respondent No. 1, M/s. F.W. Woolworth Company, USA filed an application being application No. 381989B for registration of the trade mark "WOLWORTH' in respect of clothing, including boots, shoes and slippers in class 25. The mark was advertised in the Trade Marks Journal No. 962 dated 1.7.89 at page 425. Appellant, M/s. Hanuman Mal Choradia filed the notice of opposition to oppose the registration on various grounds. Appellant contended that the proposed mark is a combination of two well known dictionary words, namely, 'WOOL" and 'WORTH". Thus, the word is purely descriptive and deceptive in terms of Section 2(l)(v) of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act). The appellant further contended that the mark does not qualify for registration under Sections 9, 11 and 18(1) of the Act.
(3.) RESPONDENT/Applicant filed his counter statement on 09.11.90 countering the material averments of the appellant/opponent. It contended that it is the registered proprietors of the trade mark 'WOOLWORTH' which has been registered in several countries throughout the world. It is the adopter and user of the mark and thus the same is registrable under Sections 9, 11 and 18(1) of the Act despite the opposition of the appellant/opponent. RESPONDENT No. 1 filed its evidence by way of an affidavit dated 16.9.93.;