S.USHA,VICE -CHAIRMAN - (1.) THE Original Rectification Application is for cancellation of the trade mark "Hopla" registered under No.1286619 in class 3 under the provisions of the Trade Marks Act 1999 (hereinafter referred to as the Act).
(2.) THE applicant was a partnership firm represented by Tulsidas Sarkar and Ranendra Narayan Sarkar. By virtue of a deed of dissolution dated 28/04/1979, Ranendra Narayan Sarkar retired and Tulsidas Sarkar became the sole proprietor. The applicant has been manufacturing and marketing inter alia of washing soap and detergent of all kinds since the year 1974 under the trade mark "Hogla".
(3.) THE applicant was first to adopt the trade mark "Hogla" to distinguish their products from those of others and they had been using the said trade mark since 1974 continuously and extensively. The applicants are the registered proprietors of the trade mark "Hogla" under No.305127 in class 3. The applicant's trade mark "Hogla" has acquired immense goodwill and reputation by virtue of long, continuous use. The trade and public associate the trade mark "Hogla" with the applicants and with none else. The applicant has also obtained copyright registration of the artistic work comprising the trade mark "Hogla". By long use and wide range of publicity the trade mark "Hogla" has acquired the status of a well known trade mark. Their sales turn over increased from Rs. 6,10,881.62 in the year 1974 -75 to Rs. 70,52,700.00 in the year 2004 -05. The estimates for advertisement also increased from 1974 -75 to 2004 -05.;