VISHNU CEMENT LIMITED Vs. B S CEMENT PRIVATE LIMITED

JUDGEMENT

(1.) THE appeal is directed against the order of the Assistant Registrar of Trade Marks, dated 4.9.1997, allowing the objection raised by the respondent for the registration of the appellant's trade mark "VISHNU CEMENT".

(2.) The appellant herein filed an application on 29.5.1986, to register the mark consisting of the words "VISHNU CEMENT" with a device of a bag enclosing a device of a conch, letter 'V' within the cog-wheel on a label, in respect of Portland cement in Class 19. After some preliminary objection, the mark was advertised as accepted in the trade mark journal on 1.9.1991. The respondent herein filed a notice of opposition objecting to the registration of the appellant's mark on the following grounds:-

(3.) THE learned counsel for the appellant contended that VISHNU is the name of Hindu God which is familiarly being used to name the individual and also to name the trade. When that be so, the reasoning of the Assistant Registrar of Trade Marks that it is a common popular personal name is not correct and cannot be accepted. Moreover, the respondent did not raise any objection with regard to the similarity of the trade mark including the trade name with that of their name. When there is no plea with regard to the confusion in the identity of the commodity of the appellants by the use of the mark sought to be registered, the Assistant Registrar of Trade Marks ought not to have entertained the objections raised by the respondent.