UNITED BROTHERS Vs. AZIZ ULGHANI

JUDGEMENT

(1.) CM APPLs 19889/10 (for delay), 19888/2010 (for restoration) in W.P.(C) No. 5220 of 2005 For the reasons stated therein both applications are allowed and W.P.(C) No. 5220 of 2005 is restored to file. W.P. (C) No. 5220 of 2005 and W.P.(C) No. 2007 0f 2010 with CM Nos. 4027-28 of 2010

(2.) W.P. (C) No. 2007 of 2010 is by AU the sole proprietor of UEC. The said petition challenges an order dated 28 th January, 2010 passed by the IPAB dismissing an appeal TRA/177/2003/TM/DEL filed by AU against the order dated 7 th December, 2000 of the Registrar of Trade Marks allowing the opposition of UB to the Application No. 518071 filed by AU for registration of the trade mark 'UNITED', the word, per se, in Class 7 in respect of mixer grinder, hair dryer (machine) and washing machine.

(3.) UB claims that it has been using the trade mark 'UNITED' for manufacturing and marketing of aluminium halloware and other household utensils since 1957. It is stated that on account of extensive user, large scale advertising and immense popularity, the products under the trade mark 'UNITED' are associated by the purchasing public and the trade with the goods and business of UB exclusively. It is stated that the trade mark 'UNITED' was adopted by UB from its firm's name, and that UB had a unique goodwill and reputation in respect of pressure cookers. It has enclosed with W.P. (C) No. 5220 of 2005 a statement of sale figures as well as the advertisement expenses from 1971-72 to 2003-04. UB claims to have regularly exported pressure cookers under the trade mark 'UNITED'.