CRYSTAL KNITTERS Vs. SWAROVSKI AKTIENGESELLSCHAFT AND REGISTRAR OF TRADE MARKS, KOLKATA

JUDGEMENT

(1.) THE Original Rectification Application is for removal of the trade mark "Crystal Glamour" registered under No. 1134456 in class 25 in respect of clothing, footwear, headgear under the provisions of the Trade Marks Act, 1999. The applicants are engaged in the business of manufacturing and selling variety of textile articles. In the year 1971, they adopted the trade mark 'Crystal'. The trade mark Crystal has been used by the applicants continuously and extensively since then. The purchasing public and the members of the public identify the goods bearing the trade mark with the applicants and with none else.

(2.) THE applicants have spent huge amount in promoting and popularizing the trade mark. On account of prior adoption, long and continuous use of the trade mark, the trade mark Crystal has acquired tremendous reputation and goodwill among the public.

(3.) HAVING full knowledge of the applicants use of the trade mark Crystal since the year 1971, the respondent applied for and obtained registration of the trade mark Crystal Glamour under No. 1134456 in class 25.