M/S. ARAVALI CHEMICAL PVT. LTD. & OTHERS Vs. SANJIT JAIN & OTHERS

JUDGEMENT

(1.) BOTH the rectification applications are filed by the applicants and the respondents against each other for removal of the trade mark "Arshari" registered under Nos.1158180 and 1198835 in class 5 under the provisions of the Trade Marks Act 1999 (hereinafter referred to as the Act).

(2.) THE applicants are the registered proprietors of the trade mark "Arshari" under No.1198835 in class 5 as of 14/05/2003 and the said registration is valid and subsisting. By virtue of extensive and voluminous use, the mark has come to be exclusively associated with the applicants.

(3.) THE use of the impugned trade mark "Arshari" under No.1158180 is likely to cause confusion and deception as to the trade origin having regard to the wide and immense reputation and goodwill earned by the applicants. The public who are acquainted with the applicant's goods under the name "Arshari" are bound to associate the registered proprietors business with the applicants. The customers looking at the respondent's goods under the identical trade mark are bound to be put to the state of wonder as to whether these goods emanate from the applicants.