JAGDISH SWEETS & FARSAN Vs. MANJULABEN PUSHPAVADAN KANDOI

JUDGEMENT

(1.) THE applicants herein are seeking removal from the register of registered trade mark under no. 846440 -B in class 30 in the name of the partnership firm consisting of Manjula Pushpavadan Kandoi, Umesh Pushpavadan Kandoi and Jitesh Pushpavadan Kandoi all trading as SHRI JAGDISH FARSAN. In fact, two applications for cancellation of the impugned mark has been filed under no ORA/119 & ORA/120 by two different partners of the same applicants firm herein. In this context, the same applicant firm had sought the removal of the very same trade mark of the respondent through two other partners under no. ORA/08/2005/TM/AMD & ORA/134/2006 TM/AMD in respect of registered trade mark no. 486584 for an identical mark for identical goods which was dismissed by the Board as no case was made out.

(2.) THE only point of difference is the cancellation of the impugned mark is sought in the name of different partners of the same applicants firm in respect of an identical trade mark registered under a different application number in the same class. But the issues, pleadings, evidences and arguments advanced in the present proceeding is identical to what had been set out in ORA/08/2005/TM/AMD & ORA/134/2006 TM/AMD. We therefore, do not intend to exhaustively narrate the sequence of events set out except to briefly outline the contours of applicant's case and respondents defense for easy understanding.

(3.) THE case of the applicant is briefly as follows: -