S. Usha, Member (T) - (1.) THIS appeal has arisen out of the order dated 31.12.1986 dismissing the opposition No. BOM-3850 and allowing the application No. 321169 in class 9 to proceed to registration by the Joint Registrar of Trade Marks.
(2.) The first respondent herein filed an application for registration of the trade mark 'SONY' in class 9 in respect of frames for spectacles and goggles under the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act). The application was filed on 16.12.1976 claiming user since 1965. The said application was accepted and advertised in the Trade Marks Journal No. 709 dated 16.12.1979 at page No. 753. The appellant herein filed a notice of opposition to the application for registration on the grounds that: (a) the appellants are registered proprietors of the trade mark 'SONY' in class 9 in respect of radio apparatus with transistors and parts thereof under No. 196589; (b) the trade mark 'SONY' is distinctive and exclusively identified with that of the appellant's goods and 'SONY' formed part of the appellant's trading style; (c) the impugned trade mark was identical with that of the appellant and it was bound to cause confusion and deception among the public; (d) the registration of the impugned mark would be in contravention of the provisions of Sections 9, 11(a), 11(e), 12(1), 12(3) and 18(1) to the Act;
(3.) THE first respondent filed their counter statement denying the various allegations made in the counter statement. THE first respondent had also stated that the trade mark 'SONY' was a very common surname and it had a common meaning in Indian language. THE first respondent had further stated that the goods in respect of which they were claiming registration was different and had stated that the mark being common the appellant cannot claim monopoly over the same.;