SHALIGRAM D. ANAND Vs. SANJAY KANODIA & ANOTHER

JUDGEMENT

(1.) ORIGINAL rectification application has been filed for removal of the Trade Mark "ROLLY" under No.1399509 in class 16 under the provisions of the Trade Mark Act, 1999.

(2.) THE applicants herein are well known manufacturers and marketers of writing instruments viz., pen and ball pen, jell pen, sketch pens, refills and parts and have been in business for more than 20 years. They are the registered proprietors of the trade mark Rolly under No.518783 in class 16. In fact, the trade mark was applied for and registered in the name of their predecessors -in -title trading as Sanghvi and Company. It was originally conceived by their predecessors which is an invented mark being inherently distinctive mark and therefore was accepted and advertised in Trade Marks Journal in part A of the Register. The said mark has been renewed and is validly subsisting as on date.

(3.) IN October, 1997 the said mark was assigned to the present applicants by virtue of an assignment deed dated 4th October, 1997. Subsequently, the applicants herein filed a request on Form TM 24 to bring on record the subsequent proprietors of the Mark ROLLY.