M.C.Gupta,DRTM - (1.) WORD 'SATMOLA' was sought for registration in class 30 under Application No. 1283413 dated 11th May, 2004 by the above named Applicant. The mark was claimed to be used since 17th April, 1993. Eventually the application was advertised before acceptance under Section 20(1) proviso vide Trade Marks Journal No. 1328 Supplementary (5) dated 30th March, 2005 at page 9072.
(2.) On 21st July, 2005 a notice of opposition on Form TM-5 was lodged by the above named Opponents objecting to the registration of the aforesaid impugned mark of the Applicant on the following grounds: That the Opponents are carrying on their old established business as manufacturers and merchants of ayurvedic medicinal preparations, tasty chewable tables, diggestive tablets, jaljeera, churan etc. since 1983 and are the registered proprietors of the trade mark 'SATMOLA' by way of assignment deed dated 19th June, 2001 under Nos. 404555 and 415672 and that various applications in different classes are pending for registration as per the details contained in para 5 of the notice of opposition. That the Opponents' various labels under the brand name 'SATMOLA' are registered under the Indian Copyright Act, 1957 as per details contained in para 6 of TM-5.
(3.) THAT the Opponent's aforesaid marks and labels containing the word 'SATMOLA' are used and advertised extensively throughout the country and, therefore, has come to be identified and exclusively associated with them qua the goods contained therein and, therefore, the registration of the impugned mark, which is identical to the aforesaid registered mark of the Opponent is likely to cause confusion and deception during the course of trade and hence prohibited for registration under Section 11 read with Section 12 of the Act.;