K.N.BASHA,CHAIRMAN - (1.) THIS appeal is preferred by the appellant challenging the order of Deputy Registrar of Trademarks, Chennai dated 09/03/2010 dismissing the notice of opposition filed by the appellant opposing the registration of the trademark ?JONES?(label) by the respondent herein.
(2.) THE case of the appellant is that the appellant is a foreign company and they are the registered proprietors of trademark ?JONES NEW YORK?and using it internationally in relation to wide range of goods from the year 1966 and acquired international reputation. It is their case that they are dealing in clothing for men, women and children, hosiery, footwear, leather goods etc. It is claimed by the appellant that they are the prior user of the trademark ?Jones New York and they are acquired international reputation and transborder reputation. It is their case that the respondents have copied and adopted the opponent's trademark in respect of identical / same goods and as such the use of the impugned trademark by the respondent would cause confusion and deception among the public.
(3.) THE respondent/applicant filed their counter statement to the grounds of the opposition filed by the appellant denying and refuting the allegation. It is stated that the trademark ?JONES?is different from the opponent's trademark ?JONES NEW YORK?and the goods in respect of which the opponents have registered with the trademark are sold only in foreign countries and not in India. It is further stated that the opponents have no use of their trademarks in India and that they have adopted the trademark honestly and they are having continuous use of their trademark right from the year1993. There is no question of confusion or deception. Both the appellant/opponent filed their respective documents of evidence in support of the claims and contention before the Registrar. The appellant raised grounds of opposition for the violation of section 9(1), 9(2)(a), 11(1), 11(2), 11(3), 11(10) and 18(1) of the Trade Marks Act, 1999 (herein after referred as Act). The Deputy Registrar on considering each and every objection of opponent and contention of the appellant by rendering findings on each ground dismissed the notice of opposition and allowed the registration of impugned trademark ?JONES?. On being aggrieved against the said order the appellant preferred the present appeal.;