S. Usha, Member (T) - (1.) THE instant application has been filed for rectification of the trade mark under No. 812628B under Section 47/57/125 of the Trade Marks Act, 1999 (hereinafter referred to as the Act).
(2.) The applicant is engaged in the business of manufacturing and trading of medicinal and pharmaceutical preparation under the name and style of M/s Bios Laboratory. The applicant, in the course of business has been using the trade mark 'HEIGHTEX LABEL' and as such is the proprietor of the said trade mark. The applicant bonafidely and honestly adopted the said trade mark in the year 1992 and has been using the same without any interruption in relation to pharmaceutical products and has thus built up a valuable goodwill and reputation among the public. The applicant has applied for registration of their trade mark label 'HEIGHTEX' under No. 744887 in class 05 as of 22.10.1996 and the same is pending registration. The applicant is the owner of the artistic features of the said label. The applicant is the proprietor, prior adopter and user of the trade mark label HEIGHTEX. The applicant is carrying on an extensive business and the goods bearing the said trade mark is practically distributed in major parts of the country. The applicant's trade mark has acquired distinctiveness by its long, continuous and extensive use. The applicant's goods bearing the said trade mark are highly demanded because of the standard quality. The applicant's business has acquired tremendous goodwill and enviable reputation and has thus obtained a high sales turnover.
(3.) THE applicant has been promoting its business by various means and has spent huge amounts towards publicity expenses. THE said trade mark label has acquired secondary significance denoting the said goods and business of the applicant and are recognised in the applicant's source alone.;