M.C.Gupta,DRTM - (1.) A trade mark consisting of the words 'RARE BLEND' was sought for registration in class 33 for the goods "wines, spirits and liquors" under Application No. 1163330 dated 1st January, 2003 by the above named Applicants. The Mark was proposed to the used on the date of application. Eventually the application was advertised before acceptance under Section 20(1) proviso vide Trade Marks Journal No. Mega 5 dated 14th November, 2003 sat page 7490.
(2.) On 23rd June, 2004 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 Applicants on the following grounds: That the Opponent is an old and well established association of members selling there Scotch whisky all over the world including India under international brand names and that there are 57 members engaged in the distillation and/or blending and/or sale of Scotch whisky. That principal aim of Opponent is to protect the interest of Scotch whisky trade and it is vigilant in safeguarding and protecting the interest of its members.
(3.) THAT in pursuance of the said objective, the present opposition is filed to oppose the registration of the impugned mark consisting of the words 'RARE BLEND' which is in violation of Sections 2, 9 and 18(1) of the Act, on account of the fact that the words 'RARE BLEND' are devoid of any distinctive character and, therefore, not registrable under Section 9(1) of the Act.;