Ramji Lal,ARTM. - (1.) ON 3.9.1987, M/s Parivar Seva Sanstha, B-2/16 Safdarjung Enclave, New Delhi -110029 (hereinafter referred to as the applicants) filed an application for registration of a trade mark BLISS in class 10 in respect of condom under the provisions of Trade and Merchandise Marks Act, 1958 and rules framed thereunder. The application was numbered as TM-1 application No. 477813 in class 10 wherein the user of the mark was claimed as proposed to be used on the date of filing the application in the Trade Marks Registry. In due course, the application was examined and consequent upon a hearing as granted to the application, the application was ordered to be advertised as accepted for registration in the Trade Marks Journal No. 1083 dated 16.7.1994 at page 476.
(2.) On 6.10.1994, M/s Bliss Chemicals & Pharmaceutical India Limited, having its office at Skypak House Annexe, Marol, Andheri (East), Bombay-400059 (hereinafter referred to as the opponents) gave a notice of their intention to oppose the registration of the trade mark advertised, as aforesaid, on the following grounds :- 1. That the opponents have been carrying on a well established business as manufacturers and dealers inter alia in medicinal and pharmaceutical preparations and substances including contraceptives, etc. for the last several years. 2. That the word BLISS is the essential feature of their corporate name, the word BLISS was conceived by them after making enquiries in the trade that nobody else was using it in respect of the same goods or description of goods. That the word BLISS invariably and in a prominent manner appears on a products manufactured and marketed by them.
(3.) THAT the opponents have carried out considerable publicity and undertaken large scale sales promotional efforts and schemes to publicise, promote and popularise the aforesaid goods bearing the trade mark/house mark BLISS.;