MONTFORT SERVICES SDN BHD Vs. USA PRO LIMITED & ANOTHER

JUDGEMENT

(1.) THIS application is preferred by the applicant seeking, the relief of rectification of the impugned trade mark "USA PRO" under registration No.1345642 in Class 25 on the ground of non -user under Sections 47 and 18 (1) and 57 of the Trade Marks Act, 1999.

(2.) IN this matter the applicant has impleaded the two respondents? viz., (1) USA PRO LIMITED; (2) The Registrar of Trade Marks, Chennai. It is seen that the first respondent is the Registered Proprietor of the trade mark "USA PRO" on the date of filing the application for rectification i.e., on 13.2.2013. The applicant also produced the latest position or status of the impugned trade mark by way of website status as on 2.6.2014 and the same reflects that the impugned trade mark is continued to be in the Register under the name of the first respondent as proprietor of the impugned trade mark. It is also seen from the website status produced by the applicant that the name of the agent is mentioned as "M/s. Kochhar & CO., (5039) Suite No.503, Fifth Floor, Raheja Towers, 177, Anna Salai, Chennai -600 002." The first respondent registered the said trade mark in respect of the goods covered under Class 25 viz., outer clothing, sports and leisure wears. Therefore the applicant has rightly impleaded the registered proprietor of the impugned trade mark as the first respondent in this matter.

(3.) THE Registrar of IPAB on receipt and scrutiny of the application sent a communication dated 9.4.2013 to the applicants Attorney pointing out a defect viz., furnishing the address of service in India in respect of the first respondent. The Attorney responded the said communication by sending its reply dated 23.4.2013 furnishing the address of service in India of the registered proprietor viz., the first respondent as per the advertisement of the impugned mark in the Trade Marks Journal M/s.Kochhar & Company, Advocates and Legal Consultants, at Suite No.503, Fifth Floor, Raheja Towers, 177, Anna Salai, Chennai -600 002. In the same communication addressed to the Registry it is mentioned that the website of the trade mark registry also gives the above mentioned address, as the Address for Service in India of the registered proprietor. Thereafter the registry numbered the application in ORA/227/2013/TM/CH and sent notice to the first respondent viz., to the address for service in India and as stated above on 24.7.2013. The registered post acknowledgement was received by the registry shows that the said notice was received by the first respondent on 25.7.2013. The Registry also sent a similar notice to the second respondent, The Registrar, Trade Mark, Chennai and the same was received by the second respondent on 17.7.20013.