S.USHA,VICE -CHAIRMAN - (1.) THE instant original rectification application is for removal of the trade mark Tiger Brand label registered under No. 1330146 in class 34 under the provisions of the Trade Marks Act, 1999 (hereinafter referred to as the Act).
(2.) THE brief facts of the case are - The applicant is a partnership firm. The applicant's predecessors in title and the present applicants are engaged in the business of manufacture and sale of inter alia chewing tobacco etc. In the year 1955, M/s. Jagan Nath and Sons, the predecessor in title of the applicant adopted the trade mark Tiger Brand (word per se and the label) in respect of chewing tobacco of their manufacture and sale. The trade marks Tiger Brand / Sher Chhap (label) and Tiger Brand represented in a circular device along with a picture of Tiger were registered in the name of M/s. Jagan Nath and Sons under Nos. 167909 and 256652 respectively. The trade marks were used continuously till 1973.
(3.) OWING to the differences among the partners, the assets and liabilities were divided through arbitration, all rights and liabilities in the trade marks Tiger Brand / Sher Chhap (label) along with the goodwill accrued thereto fell to the share of one partner Mr. Shiv Prasad Aggarwal. After acquiring the exclusive right in the trade marks as well as the registration, Mr. Shiv Prasad Aggarwal took over his sons Mr. Rattan Lal Aggarwal, Mr. Mohinder Kumar and Rajinder Mohan (minor) admitted to the benefit as partners and started the firm under the name Shiva Tobacco Company in the year 1973. Necessary steps were taken to have the name changed before the Registrar of Trade Marks and were allowed by the Registrar of Trade Marks. By virtue of continuous use of the trade mark by the predecessors, the applicants are entitled to the benefit of the use of the trade marks. The applicants have spent tremendous time, efforts and money in promoting, publicizing and popularizing the trade mark since its adoption. On account of priority in adoption, long, continuous, extensive and exclusive use of the trade mark, the applicants' trade marks have acquired tremendous and enviable goodwill and reputation among the public and trade.;