S.USHA,VICE -CHAIRMAN - (1.) THE original rectification application for removal of the trade mark "Network Solutions" registered under No. 1252814 in class 38 and 42 under the provisions of the Trade Marks Act, 1999 (hereinafter referred to as the Act).
(2.) THE applicant is India's leading IT infrastructure solutions integrator. Since October, 1993, the applicant has continuously been offering a range of IT infrastructure solutions, services and software of enterprise customers under its trademark. The name Network Solutions is derived from and indicative of applicant's field of activity which includes IT infrastructure solutions. The applicants became a wholly owned subsidiary of IBM South Asia Holdings Limited which was part of the IBM group of companies in 2005. The applicant is a bonafide and honest adopter of the trademark Network Solutions and Netsol in India since 1993. The applicant has been using the said trade mark continuously and extensively in respect of the aforementioned services. In order to secure statutory right in the said trade mark the applicant filed applications under the Trade Marks Act under No.1289096 in class 42 and under No.1289097 in class 38 and the said applications are pending registrations. The applicant is registered proprietor of the trade mark Netsol under registration No.1165495 in class 9 based on the use since 18/10/1993. The said registration is valid and subsisting.
(3.) THE applicant has a name, recognition, goodwill and business and has thus been awarded with various excellence awards and certification awards. The applicant's trade mark "Network Solutions" also forms a prominent part of its corporative name and trading style. Since its inception in 1993, the applicant has built an enviable reputation of having designed, deployed and managed many of Indias mission critical networks. With the largest team of certified professionals located in applicants offices at. Bangalore, Kolkata, Chennai, Hyderabad, Mumbai, Pune and Delhi the applicant has requisite expertise and experience to craft unique solutions that leverage IT to produce business results for its customers. By virtue of long and extensive use in India, the applicant's trade mark has acquired immense reputation and goodwill.;