TITAN INDUSTRIES LTD. Vs. SAINT WATCHES PVT. LTD. & ANOTHER

JUDGEMENT

(1.) THIS appeal is against the order dated 30/03/2010 passed by the Deputy Registrar of Trade Marks dismissing the Notice of Opposition No. MAS 236946 and MAS 236947 filed by the appellant herein with respect to the application No. 1257304 and 1257305 respectively.

(2.) THE appellant herein has challenged the logo of the respondent's trade mark claiming that the same is deceptively similar to that of the logo of the appellant. Both the respondent and the appellant are engaged in the manufacture and sale of watches.

(3.) THE appellant challenged the impugned order on the ground that the findings arrived at by the Deputy Registrar are contrary to the facts and law and in all the probabilities of the case. The findings of the Deputy Registrar are perverse in holding that the logo is not similar to that of the appellant.