S. Usha - (1.) THE Original Rectification Application is for removal of the trade mark "Crystal Glamour" registered under No. 1134456 in class 25 in respect of clothing, footwear, headgear under the provisions of the Trade Marks Act, 1999. The applicants are engaged in the business of manufacturing and selling variety of textile articles. In the year 1971, they adopted the trade mark 'Crystal'. The trade mark Crystal has been used by the applicants continuously and extensively since then. The purchasing public and the members of the public identify the goods bearing the trade mark with the applicants and with none else.
(2.) THE applicants have spent huge amount in promoting and popularizing the trade mark. On account of prior adoption, long and continuous use of the trade mark, the trade mark Crystal has acquired tremendous reputation and goodwill among the public. The trade mark "Crystal" during the course of trade has become well known and as such the reputation accrued to the said mark is not confined to the goods for which the applicant have made use of the said trade mark but also extends to all other goods. In addition to the common law rights to the exclusive use of the trade mark Crystal the applicant also have statutory rights to the use of the trade mark by virtue of registrations. The said registrations have been renewed and are subsisting as on date. The applicant is the owner of the copyright in the artistic work relating to the manner in which the mark is represented.
(3.) HAVING full knowledge of the applicants use of the trade mark Crystal since the year 1971, the respondent applied for and obtained registration of the trade mark Crystal Glamour under No. 1134456 in class 25.;