CONSOLIDATED FOODS CORPORATION Vs. BRANDON AND COMPANY PRIVATE LTD

JUDGEMENT

(1.) THIS is a petition by way of appeal filed by consolidated Foods Corporation incorporated under the laws of the State of Mary land in the United States of America and having its principal place of business at San Francisco, California, against the order and judgment of Mr. C. D. V. Raman, the Joint Registrar of Trade Marks, Bombay, dismissing its oppositions to the three applications being application No. 178155, application No. 178158 and application No. 178159 filed by the respondents Messrs. Brandon and Co. Private Limited for registration of the mark "monarch" in respect of certain fruits and vegetables preparations.

(2.) ON 23rd January 1957, the respondent company filed the three applications aforesaid for registration of the mark consisting of the word "monarch" (per se) in classes 29, 30 and 32 respectively. Application No. 178155 was in respect of "preserved, dried, and cooked fruits and vegetables; jellies and jams, preserves and pickles, " all being goods included in Class 29: Application No. 178158 was in respect of "sauces, spices, cury powders, papads (being cereal preparations) and condiments" and Application No. 178159 was in respect of "syrups (not included in other classes ) and other preparations for making beverages; and other non-alcoholic drinks:" These applications were advertised as accepted for registration in the Trade Mark Journal No. 199 dated 16th September , 1957.

(3.) THE petitioner corporation filed separate notices of opposition to each of these applications, being opposition Nos. 3959, 3958 and 3960 respectively. The grounds of opposition set out in those notices were the same and they were as follows: