S. Usha, Technical Member - (1.) THIS is an application for rectification/cancellation of the trade mark TIGER' under No. 1297091 in class 8 under Section 47/57/125 of the Trade Marks Act, 1999 (in short the Act). M.P. No. 59/2008 therein has been filed seeking stay of the operation of registration of registered trade mark No. 1297091.
(2.) The applicant is a company carrying on the business of selling cutting tools and power tools. The applicant company imports the goods from China and sells those goods in India using its trade mark label TIGER'. The applicant's goods bearing the trade mark 'TIGER' has gained extensive reputation by its superior quality. By virtue of prior adoption and continuous use the applicant is the proprietor of the trade mark 'TIGER'. The applicant was a sole proprietorship concern since January, 1996 which was changed to a partnership concern in the year 2002. In the year 2005 the partnership firm floated into a private limited company with all rights transferred to the company. The applicant and their predecessors have been carrying on extensive business since 1996 without any interruption from any corner. By virtue of such long and extensive use, the applicant's goods bearing the trade mark TIGER' along with the device have acquired immense goodwill and wide reputation among the public. The applicant has filed few invoices to prove their user.
(3.) THE applicant has also filed an application for registration of the trade mark TIGER' along with the device of TIGER in class 7 under No. 1611284 which is pending.;