M/S. TAGEU TEC LIMITED Vs. RIKHAB CHAND JAIN TRADING AS M/S. T.T. INDUSTRIES

JUDGEMENT

(1.) THE applicant herein are seeking the removal from the register the seven trade marks namely Appln. No. 666089 in Class 18; Appln. No. 666076 in Class 05; Appln.No.666090 in Class 19; Appln.No. 666103 in Class 27; Appln. No. 666096 in Class 34; Appln.No.666081 in Class 10 and Appln.No. 66091 in Class 20 of the respondent. All the impugned marks have been filed on the same date by the respondent on a proposed to be used' basis for a vast spectrum of goods available in the market falling in that particular class under the International Classification of goods which is something that is beyond the resource management of any company thus setting the stage for a wonderous legal brawl. (in Hindi called Mara Mari'). It is the applicants case that this attempt by the respondents is contrary to the intention of the Act and against the laws laid down by the Hon'ble Supreme Court. The impugned trade marks are not distinctive both at the time of filing and its subsequent registration nor it has acquired distinctiveness till date. The applicant, therefore, pray that the impugned marks be removed from the register forthwith for detailed reasons mentioned in the Statement of Case accompanying the cancellation petition.

(2.) THE applicants main ground for seeking cancellation of the seven registered trade marks are summarized below: -

(3.) THE case of the respondent/ registered proprietor is briefly as follows: -