PRADEEP KAPAHI, TRADING AS SHRI RAM ENTERPRISES & ANOTHER Vs. NIKITASHA HOME APPLICANCES (P) LTD. & OTHERS

JUDGEMENT

(1.) BOTH these applications have been filed for removal of the trade mark "Nikitasha" registered under number 1001282 in class 11 and under number 1410935 in class 7 respectively under the provisions of the Trade Marks Act 1999 (hereinafter referred to as Act).

(2.) THE above cross rectifications are filed for removal of the trade mark "NIKI TASHA". The applicant in ORA/171/2012 is referred to as the applicant and the applicant in ORA/332/2012 is referred to as the respondent for the sake of convenience. As the issue involved is one and the same a common order is being passed.

(3.) THE applicant is the sole proprietor of M/s Sree Ram Enterprises. The applicant is engaged in the business of trading, manufacturing, marketing, importing inter -alia of electrical and electronic items including home applicances, heating, cooling, refrigerating installation and apparatus etc. bearing trade mark Nikitasha in class 7 and 11. They conceived and adopted the trade mark Nikitasha in the year 2002. The applicant's goods bearing the aforesaid trade mark has acquired distinctiveness and substantial goodwill and reputation among the consumers in short span of time. The trade mark has acquired immense goodwill and reputation in the market because of excellent quality of the product.