M/S SARKAR SOAP FACTORY, MATHABHANGA, P.O. MATHABHANGA, DISTT. COOCHBEHAR, WEST BENGAL Vs. M/S. SREE MA SOAP FACTORY, MAYNAGURI (OLD MARKET), DIST, JALPAIGURI, WEST BENGAL

JUDGEMENT

(1.) THE Original Rectification Application is for cancellation of the trade mark "Hopla" registered under No.1286619 in class 3 under the provisions of the Trade Marks Act 1999 (hereinafter referred to as the Act).

(2.) THE applicant was a partnership firm represented by Tulsidas Sarkar and Ranendra Narayan Sarkar. By virtue of a deed of dissolution dated 28/04/1979, Ranendra Narayan Sarkar retired and Tulsidas Sarkar became the sole proprietor. The applicant has been manufacturing and marketing inter alia of washing soap and detergent of all kinds since the year 1974 under the trade mark "Hogla".

(3.) THE applicant was first to adopt the trade mark "Hogla" to distinguish their products from those of others and they had been using the said trade mark since 1974 continuously and extensively. The applicants are the registered proprietors of the trade mark "Hogla" under No.305127 in class 3.