SATNAM OVERSEAS Vs. SANT RAM

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein preferred an application before the Assistant Registrar of Trade Marks, Delhi for rectification of entry in respect of Registered Trade Mark "KOHINOOR" in Class 30 registered in the name of Respondent No.1 on the ground of non-usage for a period in excess of five years. The application was allowed by the Registrar vide order dated 18.6.1992 and the entry in respect of registered trademark 274006 in Class 30 registered in the names of Respondent No.1 was modified by amending the specification of goods to read as "Rice for sale in the cities of Faizabad, Maunath Bhanjan, Jaunpur, Shahganj and Agra in the State of Uttar Pradesh".

(3.) Respondent No.1 then filed CMM No.303 of 2003 before Delhi High Court against the rectification and review order dated 18.06.1992 and 15.2.1993 respectively passed by the Assistant Registrar of trademarks restricting the use of trademark only in few cities of the State of Uttar Pradesh. Respondent No.1 also filed CMM No.313 of 1996 against the grant of trademark registration of all kinds of rice for the purpose of export in favour of the appellant. Respondent No.1 also preferred CMM No.327 of 1993 against the grant of trademark registration in favour of the appellant throughout India.