SOCIETE DES PRODUITS NESTLE Vs. SWARAJ INDUSTRIAL AND DOMESTIC APPLIANCES PVT. LTD., THE CONTROLLER OF GENERAL OF PATENTS AND THE SR. EXAMINER OF TRADEMARKS

JUDGEMENT

(1.) ALL these four appeals arise out of the order dated 19.9.2009 dismissing the oppositions and allowing the applications to proceed for registration as per the procedure.

(2.) THE respondents herein filed an application for registration of the trademark Maggi under No. 522533 in class -21 in respect of Domestic utensils, household articles, plasticwares, glasswares vegetable cutters, thermowares, flower plates, buckets, plant sets, vacuum flasks, water filters, casserolls, caterers (food) brushes, cup, saucers all being goods included in class 21 in January, 1990 claiming user since January, 1984. This was advertised in the Trade Mark Journal No. 1129 dated 16.6.1996. This was opposed registration by the appellants.

(3.) THE respondents herein on 22.03.1994 filed an application for registration of the trademark Maggi under No. 622735 in Class 8 in respect of hand tools and implements (hand operated) and cuttery claiming user since August, 1992 which was advertised in the Trade Marks Journal No. 1299 dated 21.07.2003. The same was opposed by the appellants herein.