M.H.S. Ansari, J. (Chairman) - (1.) INSTANT application is filed for cancellation/expunging from the Register of Trade Marks the trade mark 'CSC Computer Education' bearing registration No. 796910 in class 16 in respect of "paper and paper articles, cardboard and cardboard articles, printed matter, newspapers and periodicals books, book-binding material, photographs, stationery, adhesive materials (stationer); artists materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; (printers) type and cliches (stereotypes", registered in the name of Mr. R. Thangaraj trading as 'CSC Computer Education'.
(2.) Notice in Form-C was issued to the respondent by the Registry of this Board on 19.9.2006 by way of registered post/parcel. But as neither the acknowledgement card nor the cover was returned unserved the post office was requested to confirm service upon the respondent and applicant was also directed to send the rectification application along with the enclosures as filed before the IPAB and furnish proof of service. The postal authorities by their letter dated 1.5.2007 informed the Registry that the registered parcel was delivered on 24.9.2006. Learned Counsel for the applicant also served the entire set vide their letter dated 24.4.2007 and filed the courier receipt. Despite the same none has appeared on behalf of the respondent. We heard Ms. Prathiba M. Singh assisted by Shri Sudeep Chatterjee learned Counsel for the applicant at Chennai on 20.8.2007.
(3.) IT is the case of the applicant company that it is a globally recognised company in the field of information technology, having its head quarters in the USA, it being the third largest IT services company in the world having global presence in more than 80 countries. The applicant company (Computer Sciences Corporation) was found in the year 1959 in the USA and claims to have the distinction of having developed more systems software than any other computer services company in the industry. The achievements of CSC included a contract to support NASA Jet Propulsion Laboratory's Flight Operation Facility in 1961 and also claims to be the first software company to be listed on the US Stock Exchange in 1963. The applicant company and its group of companies today employ around 78,000 people worldwide in approximately 80 countries. In the late 1980s the applicant company started to expand its business in various countries outside the USA. In the year 2000 it acquired Policy Management Systems Corporation, a group company of Mynd Corporation. The acquisition of the said company in India was completed in the year 2001 and subsequently its name was changed to Computer Sciences Corporation India Pvt. Limited in 2001 (See Exhibit B). IT is the case of the applicant company that its operations in India is the third largest location of CSC worldwide. IT is also one of the applicant company's World Sourcing centers. In India it operates across four locations, namely Noida, Indore, Hyderabad and Chennai. The applicant company has been using the trade mark/corporate name since its inception and by its continuous and extensive use and advertising the mark 'CSC' has become distinctive to the applicants all over the world including India. The applicant company is the registered proprietor of the mark CSC in India and also in a large number of countries worldwide. The list of worldwide registration of the mark 'CSC' of the applicants are exhibited and marked as exhibit D collectively. In India the mark 'CSC' has been registered in class 9,16,36,38 and 42 on 14.12.2004. The applicant company is the proprietor under the Trade marks Act, 1999 (hereinafter referred to as the Act) in respect of trade mark 'CSC' abbreviated form or its full name 'Computer Sciences Corporation' in India and several of its applications for registration of the trade mark are pending, list whereof has been furnished in para 19 of the affidavit of evidence in support of rectification. The applicant company, by virtue of its trade mark claimed exclusive right to use the registered trade mark/name 'CSC', which it claims has acquired distinctive name within the computer industry, all across the world, including India. The goodwill and reputation vested in the mark has made it distinctive to the applicant company. The applicant claims that its trade mark is a well known mark. IT satisfies all tests of a 'well known mark". The mark 'CSC' is completely within the knowledge of and is recognised by the relevant section of the public who are dealing in computer and IT industry.;