PRIME PLAST Vs. PRIME TELEEXTRUSIONS LTD.

JUDGEMENT

(1.) THIS application is preferred by the applicant seeking for the relief of rectification of the impugned trade mark "PRIME" registered under No. 1084386 under class 17 with a prayer to expunge the impugned trade mark from the register of Trade Marks, Chennai.

(2.) THE case of the petitioner is that they are engaged in the business under the name and style as M/s. Prime Plast manufacturing and marketing of High Density Polyethylene Equipment Pipes (hereinafter referred as HDPE Pipes) and other plastic pipes right from the year 1992. The trade mark "PRIME" is a reputed and well known trade mark from the year 1992. They have earned name and fame having excellent sale turn over.

(3.) MEANWHILE the respondent got the registration of the impugned trade mark under application No. 1084386 in class 17 in respect of the identical goods manufactured and marketed by the applicant herein. The said factor necessitated the applicant herein to file the present rectification application under section 9(1)(a), 9(2)(a), section 11(3) and 18(1) of the Trade Marks Act, 1999.