SOUMEN SEN,J. - (1.) The Court:- The petitioner No. 1 is a registered partnership firm carrying on business under the trade name "Shambhu Nath and Brothers" since 1986. The petitioner No. 1 was engaged in the business of manufacturing and marketing electrical fans of all kinds including ceiling fans, table fans, pedestal fans and exhaust fans. In order to distinguish the goods manufactured and marketed by the petitioners, in or about 1987, the petitioners adopted the trademark "TOOFAN" written in a stylised manner with a gap at the top of the two "o's" in the word and the letter "F" written in capital which is represented as "too FAN". The said mark is written in a rectangular box with the sides curved and the word "TOOFAN" forming only the distinctive and/or prominent feature in the said mark taken as a whole. The said mark "TOOFAN" and the stylised manner of representation of the mark both have become distinctive of the product of the petitioners and no one else.
(2.) The petitioners had and have been carrying on manufacturing and marketing the said goods under the said trademark "TOOFAN" written in a particular artistic get up continuously and extensively. The trademark "TOOFAN" is printed on the products, packaging materials, brochures, warranty cards, bills and invoices of the petitioners. The petitioners have disclosed documents in the petition in justification of the statements made in the petition with regard to the distinctiveness of the said product and its wide sale.
(3.) In order to have statutory protection of the trademark "TOOFAN", the petitioners, on 26th August 1993, filed an application being No. 605175 in Class 11 under the Trade and Merchandise Marks Act, 1958 and the said mark was registered on 9th April 2012. The stylized representation of the mark "TOOFAN" was also registered under the Copyright Act on 30th April 2005. The petitioners claim that apart from the trademark "TOOFAN", the petitioners adopted the mark "SNB" as the house logo to represent their business, which is written in an artistic manner. The three letters "S", "N" and "B" have been derived from "Shambhu Nath and Brothers" being the trade name of the petitioners. The abbreviated trading name of the petitioner No. 1, namely "SNB" was also registered as a word mark on 18th August 2005. All the certificates form part of the petition.;