Dharam Singh,ARTM - (1.) A Trade Mark consisting of word 'LUDEM' was applied for registration in class 5 in respect of Medicinals & Pharmaceuticals Preparations by the above named applicants under Application No. 456381 dated 3.7.1986 as "proposed to be used" under the provisions of Trade & Merchandise Mark Act, 1958 (hereinafter referred to as the Act). Eventually, the Mark was advertised before acceptance in Trade Mark Journal No. 967 dated 16.9.1998 at page 751.
(2.) The above named opponents expressed their intention to object to the registration of the impugned application by filing the subject opposition dated 11.12.1989 inter alia stating the grounds of opposition was follows :- 1. That the opponents carry on a well established business as manufacturers, dealers, exporters in Medicinal & Pharmaceutical Products for last several years under the Trade Mark 'LUDEM' with their other trade marks. 2. That the opponents adopted the trade mark 'LUDEM' on or about February, 1986 and they had been continuously and extensively using the same in respect of their products since then. That the opponents for the security of their trade applied for registration the trade mark 'LUDEM' under application No. 517904 dated 15.10.1989, which is in advance stage of registration process.
(3.) THAT by virtue of continuous use and quality maintained in respect of product, the opponents' trade mark 'LUDEM' has come to associate with the public and trade in relation to the opponents' goods and their name and it has acquired a considerable reputation and goodwill in the market.;