AIRTEX PRODUCTS INC Vs. MUNSHI RAM GUPTA AND DAL CHAND GUPTA

JUDGEMENT

(1.) This is an appeal under S. 109(2) of Trade and Merchandise Marks Act 1958 (for short 'the Act') against the order dated 27.9.1973 of the Assistant Registrar of Trade Marks, Delhi, whereby opposition of the appellant to the registration of trade mark 'MASTER' applied for by the respondent was dismissed and the respondent (applicant) was held entitled to the registration of the mark MASTER under sub-s.(3) of s. 12 of the Act.

(2.) In this Judgment it will be appropriate to use the word 'opponent' for the appellant and the word 'applicant' for the respondent.

(3.) Facts are in brief. An application was made for registration in Part A of the register of trade marks consisting of the word MASTER per se in class 12 in respect of the specification of goods reading as "Parts included in class 12 of motor land vehicles". The registry raised objections to the registration of the mark under Ss. 9 and 12(1) of the Act in the first instance. It was pointed out that the mark submitted for registration was surname and was not registrable except upon evidence of distinctiveness and further more it conflicted with the registered marls 'MASTER' and 'MASTER and letter M.' of Airtex Products Inc. (the opponent herein) and also a pending application of Master Super Carter Co. The objections were answered by the applicant stating that the word MASTER was not a surname and was registrable with-out evidence and further that the mark of the applicant was not conflicting with the marks referred to by the registry "as either the goods differ or the parks are different". Thereafter, the application was advertised before acceptance in the Trade Mark Journal in August, 1969.