K.N. Basha, J. (Chairman) - (1.) THIS application is preferred by the applicant seeking for the relief of rectification of the impugned trade mark "PRIME" registered under No. 1084386 under class 17 with a prayer to expunge the impugned trade mark from the register of Trade Marks, Chennai.
(2.) THE case of the petitioner is that they are engaged in the business under the name and style as M/s. Prime Plast manufacturing and marketing of High Density Polyethylene Equipment Pipes (hereinafter referred as HDPE Pipes) and other plastic pipes right from the year 1992. The trade mark "PRIME" is a reputed and well known trade mark from the year 1992. They have earned name and fame having excellent sale turn over. The applicant also filed an application for registration of the trade mark on 07/11/1996 under application No. 722255 in class 17 claiming user since 04/06/1992. As the said trade mark was objected by the Registrar of Trade Marks the said application was withdrawn. The applicant filed fresh application for the registration of the trade mark on 11/11/2003 under application No. 1248901 and the respondent herein filed opposition. The same was rejected on 18/02/2009. The respondent has not challenged the order by preferring an appeal. The applicant has obtained registration certificate in their favour on 10/03/2009.
(3.) MEANWHILE the respondent got the registration of the impugned trade mark under application No. 1084386 in class 17 in respect of the identical goods manufactured and marketed by the applicant herein. The said factor necessitated the applicant herein to file the present rectification application under section 9(1)(a), 9(2)(a), section 11(3) and 18(1) of the Trade Marks Act, 1999.;