OSRAM GESELLSCHAFT MIT Vs. SHYAM SUNDER TRADING

JUDGEMENT

(1.) CM.(M) is an appeal against the order of the Assistant Registrar of Trade Marks, Delhi dismissing the application for opposition filed by the appellant and allowing the application filed by the first respondent for registration of the trade mark in class 11.

(2.) The respondent, on the 19th of August, 1985, applied for registration of trade mark "Osham" in respect of the portable lamps stands, room heater, hot air calculators, domestic baking ovans(elect), fans and heating elements under class 11. The first respondent claimed user of the mark since August, 1980. On the 14th of November, 1992, the appellant gave a notice of its intention to oppose the registration of trade mark contending, inter alia, that under the provisions of Sections 11(a), 12(1), 12(3) and 18(1) of the Trade and Merchandise Marks Act, 1958, hereinafter referred to as the Act, the appellant was entitled to oppose the registration of trade mark.

(3.) On the 28th of February, 1994, the first respondent filed its counter statement.