S.USHA,VICE -CHAIRMAN - (1.) THE original rectification application has been filed for removal of the trade mark "Dholak" with a device of Thabala under No.546738 in class 34 in respect of safety matches under the provisions of the Trade Marks Act, 1999 (hereinafter referred to as the Act).
(2.) THE brief fact of the case are - - The applicant is a leading manufacturer of safety matches since the year 1988 under the name and style of M/s Sri Balamurugan Match Works at Permaickenpatti. They honestly and originally adopted the trade mark "Acha Dholak" label with the word Acha Dholak and device of Dholak in the year 1988 in respect of safety matches. They started using the said mark and artistic work after obtaining due approval from the Central Excise Authority on 08/07/1988. The device of Dholak, a musical instrument much like miruthangam, is depicted at the centre of the label with the word ??????????(Acha Dholak) written in devanagari script.
(3.) SINCE its adoption, the applicant has continuously and extensively used the trade mark "Acha Dholak" label with the word Acha Dholak and device of Dholak. By virtue of long and continuous use and high quality safety matches the applicant's goods have gained high reputation among the trade and public. Customers associate the mark with the applicant's high quality safety matches. The applicants, in order to get statutory protection for the mark applied for registration of the trade mark "Acha Dholak" under No.1079767 dated 11/02/2002 in class 34 in respect of matches claiming user from 14/7/1988. The sales figures under the said mark runs to several lakhs of rupees. The applicant advertises its trade mark in various medias including newspapers, magazines etc. The sales promotion and advertisement expenses run into several lakhs of rupees.;