LAWS(DLH)-2021-6-67

NISHI GUPTA Vs. CATTLE REMEDIES

Decided On June 04, 2021
Nishi Gupta Appellant
V/S
Cattle Remedies Respondents

JUDGEMENT

(1.) The petitioner has challenged the order dated 30th November, 2018 passed by the Intellectual Property Appellate Board (IPAB) whereby the petitioner's trade mark UTROTON bearing registration No.1656466 in Class 31 has been removed from the Register of Trademarks.

(2.) The respondent is the proprietor of the registered trade mark UTEROTONE registered in Class 5 as No.562099 on 18th November, 1991. The respondent conceived and adopted the trade mark UTEROTONE in 1968 and is manufacturing veterinary preparations under a valid licence.

(3.) The petitioner adopted a deceptively similar trade mark UTROTON and got it registered in Class 31 in 2010 claiming user since 2007. The petitioner is manufacturing animal feed supplements with the aforesaid trade mark.