REGENT COMPUTRONICS PVT. LTD.

CAPRIHANS (INDIA) PRIVATE LTD. Appellant

V/S

Registrar of Trade Marks and Anr. Respondents

Referred Judgements :-

NIXON V. ALBION MARINE INSURANCE [REFERRED TO]
SINGER MANUFACTURING COMPANY V. WILSON [REFERRED TO]
PINTO V. BADMAN [REFERRED TO]
RAJA BOMMADEVARA VENKATA NARASIMHA NAIDU V. RAJA BOMMADEVARA BHASYAKARLU NAIDU [REFERRED TO]
VITHALDAS KANJISHET V. SECRETARY OF STATE FOR INDIA [REFERRED TO]
THOMAS A. SMITH LTD.'S APPLICATION [REFERRED TO]
IN THE MATTER OF CROOK'S TRADE MARK [REFERRED TO]
LA SOCIETE ANANYME DUBONNET'S APPLICATION [REFERRED TO]
RAJA RAJESWAR DORAI,RAJAH OF RAMNAD V. A. L. A. R. R. M. ARUNACHELLAM CHETTIAR [REFERRED TO]
NATIONAL CASH. REGISTER COMPANY'S APPLICATION [REFERRED TO]
SATU-RATNAM AIYAR V. VENKATACHALA GOUNDEN [REFERRED TO]
CHIDAMBARA SIVA-PRAKASA PANDARA SANNADHIGAL V. VEERAMA REDDI [REFERRED TO]
SURAJMULL NAGOREMULL V. TRITON INSURANCE CO. LTD. [REFERRED TO]
ROBINS V. NATIONAL TRUST CO. LTD. [REFERRED TO]
THE SHREDDED WHEAT COMPANY LTD. V. KELLOG COMPANY OF GREAT BRITAIN LTD. [REFERRED TO]
THOMAS BEAR & SONS (INDIA) LTD. V. PRAYAG NARAIN [REFERRED TO]
BENTLEY MOTORS (1931) LTD. V. LAGONDA LTD. [REFERRED TO]
MIDLAND COUNTIES DAIRY LTD. V. MIDLAND DAIRIES LTD. [REFERRED TO]
EAST END DWELLINGS CO. LTD. V. FINSBURY BOROUGH COUNCIL [REFERRED TO]
PREMCHAND MANICKCHAND V. FORT GLOSTER JUTE MANUFACTURING CO. LTD. [REFERRED TO]
CORN PRODUCTS REFINING CO. V. SHANGRILA FOOD PRODUCTS LTD. [REFERRED TO]
AMRITDHARA PHARMACY V. SATYA DEO GUPTA [REFERRED TO]
SALES TAX OFFICER BANARAS VS. AGRA BULLION EXCHANGE [REFERRED TO]
RAMASHANKAR PROSAD VS. SINDRI IRON FOUNDRY P LTD [REFERRED TO]
KUMBHAN LAKSHMANNA VS. TANGIRALA VENKATESWARLU [REFERRED TO]
PROSANNA KUMAR ROY CHOUDHURY VS. SMTADYA SAKTI DASI W/O HARI KISHORE DAS [REFERRED TO]
ZENITH COLOUR TRADING CO. VS. TAHERALLY ESUFALLY RANGWALA [REFERRED TO]

JUDGEMENT

(1.) This appeal by Caprihans (India) Private Limited (for short, "Caprihans" hereafter) under section 109, sub-section 2, of the Trade and Merchandise Marks Act 43 of 1958 (shortened hereafter into "the 1958 Act") from a decision bearing date Dec. 20, 1965, of the Registrar of Trade Marks is put in two ways :

(2.) First, the trade mark, bearing number 153972 and consisting of the sole word "Formica", registered on May 13, 1952, by Formica Company, in Class 19* for non-metallic laminated materials for use in building and construction, be taken off the Register of Trade Marks kept at the Trades Mark Registry for two reasons. One. 'Formica' is compounded of two words "'For'" and "mica", meaning plainly enough : substitute of mica.** But it is in realm of admissions that "Formica" has no connexion whatever with mica, a mineral which does not enter into the manufacture of goods this mark represents. Ergo, the likelihood of deception and confusion,. within the meaning of section 8, clause (a), of the Trade Marks Act 5 of 1940 (for short, "the 1940 Act" hereafter), the then law, corresponding to section II, clause (a), of "the 1958 Act", has always been there. ("The 1958 Act" came into force on Nov. 25, 1959). Two, the entry of "formica" has been made in the register without sufficient cause, within the meaning of section 46, sub-section 2 of "the 1940 Act", corresponding to section 56, sub-section 2 of "the 1958 Act".

(3.) Second, the impugned registration infracts section 39 of "the 1940 Act", corresponding to section 48 of "the 1958 Act", in that whereas in their application bearing date May 13, 1952, for registration, read with their letter dated Sept. 13, 1952, the stance taken by the Formica Company is:

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CAPRIHANS INDIA PRIVATE LTD Vs. REGISTRAR OF TRADE MARKS

Referred Judgements :-

JUDGEMENT

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