M.H.S. Ansari, J. (Chairman) - (1.) THE appeal is directed against the order dated March 25, 2003 read with the order dated 11.4.2005 in the Review Petition asking review of the earlier mentioned order dated March 25, 2003. By the order dated March 25, 2003 the application of respondent for registration of the Trade Mark SKE under Application No. 552741 in respect of plummer block cast iron being goods included in class 6 was allowed to proceed to registration subject to restriction of the goods for sale in the state of West Bengal only. Though, the user was claimed in the application for registration since July 1949, the application was accepted for registration subject to amendment of the statement of user to read as since 17.8.1974. Appellant before us was the opponent before the Registry and had filed its opposition on the ground that it is the registered proprietor of the mark "SKF" which is also their house mark and is registered in various classes i.e. in class 6, 7, 8, 9 & 12.
(2.) RESPECTIVE parties filed their evidence in support of opposition and applicant filed evidence in support of their application. The application for registration is opposed mainly on the objections taken under Sections 9, 11(a), 11(e), 12(1) and 18 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act) Learned Assistant Registrar in the order under appeal rejected the opponent's objection under Section 9 of the Act mainly on the ground that the mark submitted for registration is pronounceable word although it consists of three letters SKE.
(3.) WHILE dealing with the opponent's objection under Section 11(a) of the Act, it was held that the onus is on the opponent to establish use of the mark and reputation in the trade. It was held that the opponents have filed their evidence to establish the use and reputation of their mark but there is not a single instance of confusion or deception have been brought to the notice of the Tribunal and, therefore, the opponents have failed to make out the case under Sections 11(a) and 11(e) of the Act.;