M/S. BRIGHT ELECTRICALS Vs. SHARDA RANI CHAMPA LAL JAIN & ANOTHER

JUDGEMENT

(1.) THE application has been filed for the removal of the trade mark SILVER MEDALE under No.802748 in Class 9 under the provisions of the Trade Marks Act, 1999.

(2.) THE applicants are prior adopters, users and registered proprietors of the trade mark GOLDMEDAL and GOLDMEDAL CAB. They are using the trade mark as word per se and as a label mark in respect of wide range of electrical goods including electrical appliances, electrical accessories and fittings, wire and cables and switches since the year 1979 -1980.

(3.) THE applicants have obtained registration of the trade mark GOLDMEDAL under Nos.449747 in Class 9 & 518258 in Class 9 in respect of Wires & Cables and other goods and under Nos.518259 and 603634 in Class 11 in respect of Wires & Cables. The said registrations are validly subsisting as on date. The applicant's sales runs to several crores of rupees. The applicants have spent enormous amounts towards publicity and promotion.