M/S. PASCO SPORTS Vs. CAPITAL SPORTS PVT. LTD. & ANOTHER
LAWS(IP)-2014-6-8
INTELLECTUAL PROPERTY APPELLATE BOARD
Decided on June 20,2014

Appellant
VERSUS
Respondents

JUDGEMENT

S.USHA,VICE -CHAIRMAN - (1.) THE application has been filed for removal / rectification of the trademark "PAMA" registered under No.1143025 in class 25 under the provisions of the Trade Marks Act, 1999 (hereinafter referred to as Act).
(2.) THE applicants are carrying on business under the name and style M/s Pasco Sports and are engaged in the business of sports goods, games and play things, gymnastic and sporting articles, fitness equipments, readymade garments and foot wear of all kinds.
(3.) THE applicants in the year 1994 honestly and bonafidely adopted the trademark "PAMA" in relation to the aforesaid goods. They are the true owners and legitimate proprietors of the said trademark on account of prior adoption and use. The applicants in order to acquire statutory and exclusive rights in the trademark applied and acquired registration for the mark "PAMA" in various classes. The applicant's trademark "PAMA" is in an artistic manner including its get up, lettering style, placement of words etc. The applicants are also the true and bonafide owners and proprietors of the copy right in the said mark.;


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