M.H.S. Ansari, J. (Chairman) - (1.) INSTANT appeal is directed against the order dated 12.9.2006 passed by the Assistant Registrar of Trade Marks in the matter of opposition No. DEL-9199 against application No. 508643. By the impugned order dated 12.9.2006, respondent No. 3 has allowed the application of respondent No. 1 for registration of the mark 'CANON' label in class 9. The opposition of the appellant was disallowed.
(2.) Opponent before the learned Registrar is the appellant herein. Respondent No. 1 claims to be the subsequent proprietor of the trade mark in question whereas respondent No. 2 is the applicant who filed the initial application for registration of the label mark in question. It is the case of the appellant that it adopted 'CANON' as a part of its company name as early as the year 1947. It manufactures products of various kinds including office imaging products, computer peripherals, business information products, cameras, optical products amongst others. Appellant has averred that its net sales of products is around $31,815 million and has its presence around the globe through 200 subsidiaries employing around 1,15,583 employees. It is asserted that the appellant has the distinction of being ranked overall 35th in the Best Global Brands by Business Week. The Fortune magazine has ranked the appellant 154th in total sales and 96th in profits for the fiscal year 2004. The appellant also features in Financial Times FT Global 500 for the year 2005 and has been globally ranked 106th in the category of market capitalization for the year 2005. In the top 10 corporations receiving U.S. patents in 2005 the appellant ranked second with 1,828 patents. The further case of the appellant is that it is the proprietor of the trade mark 'CANON' and is now registered in more than 180 countries and regions worldwide. In India the appellant is registered proprietor of the trade mark 'CANON' in various classes, details whereof are given in para 5 of the appeal. There are about 34 such registrations in India of the trade mark 'CANON' registered since 17.1.1983 in respect of various classes of goods, scientific and electrical apparatus and instruments, computer and computer software, yarns and threads in, lace and embroidery ribands, pins and needles. Thus the appellant asserts that its trade mark 'CANON' is a household name in India and around the world. It is further asserted that the mark through extensive sale and propogation has won the distinction of being a famous mark. The appellant sponsored the world press photo contest and was an official sponsor of the world cup French soccer championship. In the year 1982, the photographic equipment manufactured by the appellant was designated as the official equipment of the IX Asian Games 1982. Signboards depicting 'CANON OFFICIAL CAMERA' in the Asiad were also displayed in the main stadium for the games as well as the Asiad Games villages. The Asian Games were viewed by millions of Indians and the mark became engraved in the memories of Indian public. The mark has been extensively advertised around the world and in India through the print and electronic media as well as through the internet. It is, therefore, the appellant's case that the mark 'CANON', due to decades of use and advertisement has become synonymous with the appellant and the public associates the word 'CANON' with the appellant alone and none else. This is coupled with the fact that the word 'CANON' is a vital and memorable part of the appellants company name since as early as the year 1947. It is, therefore, contended that the mark is entitled to protection from usurpation for different goods.
(3.) THE grievance of the appellant is with respect to the trade mark application No. 508643 filed in the name of Mr. Satyapal and Mr. Virender Kumar trading as M/s Bhagirath Prasad & Company respondent No. 2 herein. THE said application was filed on 13.4.1989 for registration of CANON label for the goods Tailor's tape (measuring tape) in class 9. THE same was advertised before acceptance in Trade Marks Journal No. 1086 dated 08.09.1994. THE appellant filed its notice of opposition based, inter alia on the ground that the mark sought to be registered is identical with the mark 'CANON' of which the appellant is the registered proprietor. Objections were raised under Sections 9, 11(a), 12(1) and 18 of the Act.;