JAIN ELECTRONICS Vs. COBRA CABLES P LTD

JUDGEMENT

(1.) The Petitioner challenges an order dated 10 th March 2005 passed by the Intellectual Property Appellate Board ("IPAB") dismissing the Petitioner's appeal against an order dated 17 th May 1995 passed by the Deputy Registrar of Trade Marks rejecting the Petitioner's application No. 481358 in Class 9 for registration of the trade mark "Cobra".

(2.) The Petitioner filed the aforementioned application in respect of voltage stabilizer and parts and fittings thereof included in Class 9 of the Trade and Merchandise Marks Act, 1958 ("TM Act, 1958"). The Petitioner's application dated 19 th November 1987 was advertised in the trade marks journal dated 1 st February 1992.

(3.) In response to the aforementioned application Cobra Cables Pvt. Ltd., Respondent No.1, herein filed a notice of opposition on 16 th March 1992. The case of Respondent No. 1 was that they were engaged in the business of manufacturing electrical apparatus and instruments, electric cables and electric conductors under the trade mark "Cobra" which was part and parcel of their trading style. The mark "Cobra" had been registered in their favour under registration No. 369325 and was being renewed from time-to-time. The said trade mark "Cobra" was originally owned by M/s. M.P. Electric Company and was transferred on 5 th December 1980 to M/s Cobra Cables (India) who in turn assigned the mark to Respondent No. 1 by an instrument of assignment dated 15 th January 1991. The objection of Respondent No.1 which was accepted by the Deputy Registrar, was that mark "Cobra" applied for by the Petitioner, being identical to the registered trade mark of Respondent No.1 would cause confusion and deception and was, therefore, not registrable under Sections 9, 11(a), 12(1) and 18(1) of the TM Act, 1958.