M/S. SUN PHARMACEUTICALS INDUSTRIES LIMITED Vs. M/S. OPTICA PHARMACEUTICALS

JUDGEMENT

(1.) APPLICATION for rectification of the trade mark "KELUR" registered under No.1123243 in Class 5 under the provisions of the Trade Marks Act, 1999.

(2.) THE application for rectification was filed on various grounds. The applicant's main averment was that they had been using the trade mark "KELUR" prior to that of the respondents, who had been using a similar trade mark "KELUR". The rectification application was filed on 11.05.2006.

(3.) THE respondents herein filed their counter statement on 24.11.2006. The applicants herein filed their reply to the counter statement on 27.02.2007.