S. Usha, Technical Member - (1.) Application for Removal of the Trade -Mark MAGGI from the Register/Rectification of the register under Section 57 of the Trade Marks, Act, 1999 (hereinafter referred to as the Act). The trade mark MAGGI is registered under Trade No. 546574B in Class 8.
(2.) THE applicant, a Swiss company incorporated under the laws of Switzerland, belongs to the Nestle Group of Companies. The applicant company was founded in the year 1866 which is the largest food and beverage company in the world. The applicant is engaged in the business of manufacture and sale of an extensive range of food and allied products including milk, cereals, dietetic products, beverages including instant coffee, culinary products including pasta, noodles, sauce, soups, frozen products, chocolate, confectioneries, biscuits and pharmaceuticals. The applicants products are marketed under various internationally famous brands such as NESTLE, MAGGI; KIT KAT, MILKMAID, NESCAFE, LACTOGEN. POLO, MILO etc. The applicant has been continuously involved in dedicated research and development, primarily aimed at improving the quality of existing products launching new products and marketing them in new markets. The applicant has produced, the first commercially sold infant formula; the first condensed milk; the first milk chocolate; the first soluble coffee; the first freeze -dried coffee; and the first granulated instant coffee. The "Nestle Group" has emerged as one of the world's leaders in the food industry and has ranked amongst top companies in the "Fortune: 500" magazines.
(3.) THE trade mark MAGGI which is one of the internationally famous trade marks of the applicant was first adopted and used by the predecessors in their business in the year 1883. The trade mark MAGGI is used in respect of following groups of products by the applicant: (a) Dehydrated products (ready to use soups, sauces, seasonings, pasts readymade dishes) (b) Sterilized/aseptically filed products (soups, sauces, readymade dishes. (c) Meal accompaniments (mayonnaise, ketchup, dressings, mustards etc).;