S.USHA,VICE -CHAIRMAN - (1.) BOTH the applications are for rectification of Trademark "MARUTI" and both are label marks registered under No.465531 and 684046 in class 21 respectively under the provisions of the Trade Marks Act 1999 (hereinafter referred to as Act).
(2.) THE case of the applicant is that the applicant is the sole proprietor carrying on business of manufacturing and marketing a variety of household articles, kitchenware and domestic appliances including pressure cookers. The applicants have been carrying on business since the year 1981. The applicants are well known in trade and enjoy a very high reputation for their products because of excellent quality and efficiency.
(3.) THE applicant is the proprietor of various trademarks which are used in respect of Pressure Cookers and they are operating all over India. They are also exporting the goods to some other countries like Nepal, Bangladesh etc. On 1st January, 1981, the predecessors in business of the applicant adopted the trademark "MARUTI" in respect of its goods and since then the trademark is in use continuously, uninterruptedly and openly in the market by the predecessor and now by the applicant.;