G.D.Phirt,ARTM - (1.) THE facts of that matter are that NIRMA CHEMICAL WORKS LIMITED, an Indian Company has been using the name Nirma in or about 1969 as both their corporate name & their principal brand under which they market their products. THE products are exported to several countries worldwide. THE company, CAMY SOAP & OIL MANUFACTURING COMPANY started trading in Malawi in the supply to the market of soap under the name NIRMA in 1996. THE trademark was registered in 1998 under PART A, of the Trade Mark Act (Cap. 49:01) by CAMY SOAP C/o OIL MANUFACTURING COMPANY.
(2.) NIRMA CHEMICAL WORKS LIMITED therefore, in this matter is seeking for expangement of the trademark No 77/98 from the register because the continued existence of the trademark in the register is interfering with the company's legitimate use of the trademarks NIRMA & NIMA, the subject of trademark application Nos. 274/99 and 275/99. Having examined and considered the above facts and arguments advanced by NIRMA CHEMICAL WORKS LTD & CAMY SOAP & OIL MANUFACTURING LIMITED, I have observed that NIRMA CHEMICAL WORKS LTD evidence in support of their application is as follows: a. That 'NIRMA' is a word originally invented and conceived by M/S NIRMA CHEMICAL WORKS, the predecessors in title of the company in 1969. b. That the registered proprietor had full knowledge of the trademark prior to its registration.
(3.) I will first address the assertion that 'NIRMA' is an invented word as such NIRMA CHEMICAL WORKS has exclusive right of use over it. CAMY SOAP COMPANY has submitted that the word 'NIRMA' is not an invented word but only refers to an Indian girl. I cannot speculate that I know the meaning of the word but to deal with this issue, I will be guided by the Trademarks Act and other authorities. Section 2 of the Trademark Act defines a trademark as a: 'Mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate a connection in the course of trade between the goods and some person having the right to either as proprietor or as registered user to the mark, whether with or without any indication of the identity of that person.';