REGENT COMPUTRONICS PVT. LTD.

M/S. Haldiram (India) Pvt. Ltd. And Others Appellant

V/S

The Registrar Of Trade Marks, Office Of The Trade Marks Registry And Others Respondents

Referred Judgements :-

POWER CONTROL APPLIANCES AND OTHERS V. SUMEET MACHINES PVT.LTD. AND OTHERS [REFERRED TO]
J.K.JAIN V. ZIFF -DAVIES INC. [REFERRED TO]
R.C.THAKKAR V. GUJARAT HOUSING BOARD [REFERRED TO]
M/S. TIMES PUBLISHINGHOUSE LTD. V. M/S. THE FINANCIAL TIMES LIMITED [REFERRED TO]
NARAYAN BHAGWANTRAO GOSAVI BALAJIWALE VS. GOPAL VINAYAK GOSAVI [REFERRED TO]
MITHOOLAL NAYAK VS. LIFE INSURANCE CORPORATION OF INDIA [REFERRED TO]
ADDANKI NARAYANAPPA VS. BHASKARA KRISHNAPPA DEAD AND THEREAFTER HIS HEIRS [REFERRED TO]
BASANT SINGH VS. JANKI SINGH [REFERRED TO]
INDIAN BANK VS. SATYAM FIBRES INDIA PRIVATE LIMITED [REFERRED TO]
A V PAPAYYA SASTRY VS. GOVERNMENT OF A P [REFERRED TO]
CENTURY TRADERS VS. ROSHANLAL DUGGAR AND COMPANY [REFERRED TO]
K R BERI AND CO VS. METAL GOODS MFG COMPANY PRIVATE LIMITED [REFERRED TO]
SYNTHES AG CHUR VS. ROB MATHYS INDIA PRIVATE LIMITED [REFERRED TO]
GEORGE V RECORDS SARL VS. KIRAN JOGANI [REFERRED TO]
V SRINIVASA PILLAI VS. AGENT OF LIFE INSURANCE CORPORATION OF INDIA MADRAS AND [REFERRED TO]
B MOHAMED YOUSUFF VS. PRABHA SINGH JASWANT SINGH [REFERRED TO]
SHALIMAR AGARBATTI COMPANY VS. N RANGA RAO AND SONS [REFERRED TO]
J W THOMAS VS. HANUMAN PRASAD [REFERRED TO]
M/S. CIPLA LTD VS. RAJIV SUKHIJA [REFERRED TO]

JUDGEMENT

(1.) THIS original rectification application is to expunge and remove the trademark registered under No.330375 in Class 30 under the provisions of the Trade Marks Act, 1999 (hereinafter referred to as the Act').

(2.) THE brief facts of the case are - The trademark Haldiram Bhujiawala' was invented in the year 1941 which was adopted by Mr.Ganga Bishan, in respect of his business for the manufacture and sale of sweets, papads and saltish articles. On account of the quality of the products, the trademark Haldiram Bhujiawala' acquired popularity in a short span of time. Mr.Ganga Bishan expanded his business to other cities including Kolkata.

(3.) IN 1956, Mr.Ganga Bishan took his sons, Moolchand, Rameshwar Lal and Sati Das as partners in the firm, Haldiram Bhujiawala, also trading as M/s.Chandmal Ganga Bishan. The trademark, Haldiram Bhujiawala' in the course of trade became an asset of the partnership firm. With effect from 10.11.1958, Mr.Rameswar Lal retired from the firm leaving all assets and liabilities of the firm including goodwill in the hands of the continuing partners. Mr.Shiv Kishan, grandson of Mr.Ganga Bishan was admitted to the partnership firm by a deed of partnership dated 02.01.1959. After retirement, Mr.Rameshwar Lal shifted to Kolkata and was permitted to use the trademark Haldiram Bhujiawala' in Kolkata only by Mr.Ganga Bishan.

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M/S. HALDIRAM (INDIA) PVT. LTD. & OTHERS Vs. THE REGISTRAR OF TRADE MARKS, OFFICE OF THE TRADE MARKS REGISTRY & OTHERS

Referred Judgements :-

JUDGEMENT

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