S. Usha, Vice -Chairman - (1.) THIS original rectification is for expunging the impugned trade mark "THAYAR" registered under No. 1291574 in Class 30 in respect of appalams, spices, masalas including sambar, rasam and turmeric powder, sugar, rice, tapioca, sago, flour preparations from cereals, mustard, pepper, coriander, tamarind, dhalls under Sections 47/57/125 of the Trade Marks Act, 1999 (hereinafter referred to as the Act).
(2.) THE applicants are leading manufacturers and marketers of wet idly/dosa flour, wet adai flour, wet rava dosa flour, wet rava idly flour and other allied goods. The applicants are carrying on business since 1997 and have adopted the trade mark THAYAR. By high standard and quality in the products and effective sale promotion, the products bearing the said trade mark "THAYAR" had acquired high popularity and heavy demand from the customers. Because of the high standard and quality, applicant's products had obtained ISO 9001 -2000 and HACCP certificate. The applicants are technically competent and have infrastructure, equipments and facilities for preparing the ready to use wet flour products for marketing in retail packs. The applicants are also a registered small scale industrial unit. The applicants are the first to introduce the concept of vending wet idly flour and other flours in sachets. The applicants state that due to their efforts a new entry has come into sales tax relating to "ready to use wet flour paste".
(3.) THE applicants have advertised their products through various medias and the mark has acquired distinctiveness and is exclusively associated by the public with the products of the applicants. The applicant's trade mark "THAYAR" has acquired secondary meaning to denote and connote the product of the applicants alone. The applicants are the proprietors of the trade mark "THAYAR" registered under No. 132 8933. The applicants have also made arrangements for expansion of the products to market species, mixed masalas, pulses and other food preparation made of cereals under the trade mark "THAYAR". They adopted the trade mark in May, 1997 and have obtained certificate of registration under TNGST and CST.;