TARAK CHANDRA ROY TRADING Vs. JIATUBHAI PATEL PROPRIETOR

JUDGEMENT

(1.) ORIGINAL Rectification Application is filed for removal of the Trade Mark (label mark) registered under No.908627 in class 34, from the Register of Trade Marks.

(2.) THE applicant is carrying on business of manufacturing and marketing beedies under the name and style of "M/s.Tanmay Biri Factory". They are marketing the said beedies under the trade mark "TANMAY BIRI". The applicants adopted and used the trade mark since 1993, have Central Excise Registration No.6/HMB/KLY/93. The package contains a distinctive design and contains the word "Tanmay Biri"

(3.) THE beedies are wrapped in a polythene enclosure which has a distinctive design, colour scheme and get up along with the photograph of the applicant's son Tanmay Roy, which is copyrighted under No.A -70475/2005. They have applied for registration of the Trade Mark under No.908620 in class 34 in respect of beedies on 09.03.2000.