M/S. ITC LIMITED Vs. M/S.CADBURY SCHWEPPES OVERSEAS LTD.

JUDGEMENT

(1.) ALL the original rectification applications are for the removal of the Trade Marks Cadbury's Chocolate Eclairs registered under Nos. 298102, 353398, 436335 and 327607 in Class 30 under the provisions of the Trade Marks Act, 1999.

(2.) THE brief facts of the applicants case is that: -

(3.) THE applicant started business of marketing confectionery products in the year 2002 under the brand names "Minto - O" & .Candyman. The applicant started marketing the clairs confectionery in or about August, 2003. Since then, the applicant has been continuously and extensively using the trade mark clairs in conjunction with its famous trade mark "Candyman" which was well recognized by the customers.