Syed Obaidur Rahaman, Technical Member - (1.) THIS petition is filed for rectification of Trade Mark Registration No. 587309 in Class-23 in the name of the Respondent No. 1 under Section 46 & 56 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the said Act).
(2.) The case of the applicant is that M/s. New Light Thread Ball Factory, 716, Kummi Ka Agar, Moga-142001 (Pb), is a proprietory concern and Shri Surinder Kumar Manocha is the sole proprietor. The applicant/petitioner has been carrying on an old established business, inter-alia, of manufacturing and sale of SEWING THREADS since long standing and is well established in the aforesaid business of Sewing Threads in the State of Punjab. In or about January, 1992, the applicant/petitioner conceived and adopted a distinctive trade mark 'TITONI' device mark TRISHUL and have distinctive get-up, layout, design, device, writing style and colourable combination in respect of Sewing Threads for the purposes of marketing the aforesaid goods in the States of Punjab, Haryana and Jammu & Kashmir and nearby areas and since then aforesaid trade mark has been continuously, extensively and uninterruptedly used by selling of Sewing Threads in the States of Punjab, Haryana and Jammu & Kashmir. The applicant filed an application No. 575603 dated June 19, 1992 for registration of said trade mark which was accepted for registration vide Examiner Report No. U-6582 dated 14.6.1998 and thereafter, the same was advertised in the Trade Marks Journal No. 1208 (Supplement) dated 08.10.1999 at page 86. It is the case of the applicant that on account of prior adoption, long and continuous user of the trade mark 'TITONI' device mark TRISHUL in the States of Punjab, Haryana and Jammu & Kashmir and prior in filing of application, No. 575603 for registration of trade mark 'TITONI device mark TRISHUL (Label) has acquired tremendous reputation amongst the purchasing public and traders of Punjab, Haryana, Jammu & Kashmir, and has become distinctive of the goods and business of the petitioner, therefore, no other trader has a right or justification to enter in the States of Punjab, Haryana, Jammu & Kashmir for sale of Sewing Threads bearing the trade mark 'TITONI' or bearing any other deceptively similar trade mark in respect of similar goods of Sewing Threads. Such use of the trade mark 'TITONI' by any other trader in the States of Punjab, Haryana, Jammu & Kashmir, is bound to cause confusion and deception amounting to passing off the goods/business for those of the applicant by such traders.
(3.) THE Respondent No. 1, M/s Som Soot Gola Factory, 4810, Deputy Ganj, Sadar Bazar, Delhi-110006, has opposed the registration of petitioners' trade mark 'TITONI' device mark TRISHUL (label) being Opposition No. DEL-T-1444/54524 under Section 21 of the Trade and Merchandise Marks Act, 1958 in the office of Trade Marks Registry, New Delhi - 110 020 i.e. Respondent No. 2, who is competent to grant the registration of trade mark in question. Aforesaid opposition No. DEL-T-1444/54524 is pending disposal. It is pertinent to note that petitioners have filed the counter statement dated 30.11.2000 in reply to the notice of opposition aforesaid and respondent No. 2 has directed the respondent No. 1 to file their evidence within two months time vide his letter No. 10158 dated 9.1.2001.;