Dharam Singh, J. - (1.) ON 16.2.1993 M/s. P.M. Diesels Ltd., Aji Industrial Estate, Rajkot, Gujarat (hereinafter referred to as applicant) applied for registration of trade mark 'BANZO' in respect of Diesel oil Engines and parts thereof (not for land vehicles) electric motors, Mono Blocks, submersible pumps, Centrifugal pumps and parts thereof falling in class 7 under application No. 591019 under the provisions of Trade & Merchandise Marks Act, 1958. The user of the mark was claimed since 1.4.1988. Eventually, the impugned application was advertised as accepted in the trade marks journal No. 1215(S) dated 21.1.2000 at page 64.
(2.) ON 28.2.2000, M/s. Daimler Chrysler AG, Germany (hereinafter referred to as opponent) filed a notice of his intention on form TM -5 to object the registration of the impugned application on the grounds raised under Sections 9, 11(a), 11(e), 12(1) and 18(1) of the Trade & Merchandise Marks Act, 1958 inter alia claiming the world wide use, reputation and registration of his trade marks BENZ, MERCEDES BENZ, DAIMLER BENZ and THREE POINTES STAR DEVICE under different numbers in relation to goods falling in class 6, 7, 8 & 12 for past several decades and stating: That the opponents had established their business as manufacturers and merchants of vehicles, apparatus for locomotion by land, air or water etc. They own and use the marks BENZ, MERCEDES, THREE POINTED STAR DEVICE, which are also registered and/or applied for registration throughout the world, including India, and
(3.) THAT their operation in India dates back to 1926 and members of the trades and public recognize BENZ as distinctive of the products and business of their company alone.;