T. VARADARAJ PAI, PROPRIETOR M/S. SRI LAXMI VENKATARAMANA INDUSTRIES Vs. KIRAN KUMAR, PROPRIETOR, ?KIRAN PRODUCTS & ANOTHER

JUDGEMENT

(1.) ORIGINAL Rectification Application is for removal of the trade mark "Sri Raghavendra Malt" (Label Mark) registered under No.1266408 in Class 31.

(2.) THE applicant and his father had been manufacturing malt and other products under the trade mark "Shri Raghavendra Malt". The applicant had obtained permanent registration certificate from the District Industry Center, in the year 1989. Therefore for the past 18 years the applicants had been using and selling their malt and other products under the trade mark Raghavendra Malt without any interruption.

(3.) THE applicants have filed an application for registration of the trade mark "Shri Raghavendra" under No.1645959 which is now pending registration. On 12/03/2007, the respondents issued a legal notice to the applicants which was duly replied by the applicant. In the said notice, the respondent had stated about the impugned registration and about their date of use since 1981.