S. Usha, Technical Member - (1.) THE applicants have filed this application for removal of the trade mark TVS 50 registered under No. 681347 in respect of lungies, dhotis & towels in Class 24 under the Trade Marks Act, 1999 (hereinafter referred to as the Act.,) from the Register of Trade Marks.
(2.) It is stated that the applicants are carrying on business of manufacturing and selling goods such as air assist and full air actuation systems for automotive and non-automotive application and elements thereof and also manufacture and sale of two wheeler motor vehicles. They are stated to be the companies belonging to a well known and reputed TVS group of companies. The letters TVS stands for the initials of the founder's name Shri T.V. Sundaram Iyengar. The applicants are the registered proprietors of the trade mark TVS 50 under No. 372863 B in class 12 since 27/02/1981 in respect of vehicles, apparatus for locomotion, by land and water.
(3.) THE applicants herein had sought rectification of the impugned trade mark on the grounds that the impugned mark was registered without sufficient cause and was wrongly remaining on the Register. THE applicant's mark having gained reputation has become well known mark and as such the impugned mark which is identical to that of the applicants, would definitely cause confusion and deception among the public. THE trade mark is incapable of distinguishing their goods. THE impugned trade mark has been adopted by the respondent dishonestly and with malafide intention. THE respondents are not the proprietors of the trade mark TVS 50. THE registration of the impugned trade mark has been obtained by fraud. THE impugned trade mark is liable to be removed from the Register on the grounds of non-user under Section 47 of the Act.;