DARSHAN LAL DHOOPER Vs. MOTIA RANI

JUDGEMENT

(1.) The grievance raised in the present civil original petition is with regard to the entry relating to the registered trade mark No. 374796 on the ground that the same was obtained by the respondent Nos. 1 to 3 in violation of the principles of natural justice and by fraud and misrepresentation. The petitioner in this civil original petition has prayed for a direction to the respondent No. 4 to remove/cancel the registered trade mark No. 374796 in Class 3 and to rectify the register of trade marks accordingly.

(2.) It is stated in the petition that the petitioner is the proprietor of M/s. Plaza Chemical Industries. It is stated that M/s. Indra Perfumery Co. was the registered proprietor of the trade mark 'PLAZA' registered under No. 140336 in Class 3 as of 7th September, 1949 registered in the name of Nanak Chand, Hari Ram and Darshan Lal trading as M/s. Indra Perfumery Co., Sadar Bazar, Delhi, in respect of goods including those in Class 3 particularly nail polish. By mutual consent, the said firm which was carrying on the business of manufacturing cosmetics and toiletries was dissolved by a dissolution deed dated 2nd April, 1970. A copy of the said dissolution deed is placed on record. It is also stated that the aforesaid terms and conditions of the dissolution deed was also accepted by the Registrar of Trade Marks by his order dated 16th September,1985 pursuant to a request dated 31st December, 1983 on TM-24. It is stated that pursuant to the said order dated 16th September, 1985, the aforesaid trade mark 'PLAZA' was entered in the name of Virender Kumar Oberoi, Veerawali Oberoi and Motia Rani Oberoi (legal representatives of Hari Ran) trading as M/s. Plaza Cosmetics (India) and Darshan Lal trading as M/s. Plaza Chemicals Industries, Calcutta.

(3.) It is stated that in terms of paragraph 6 of the dissolution deed, the aforesaid trade mark 'PLAZA' belongs to Hari Ram, Darshan Lal jointly and both the parties would have all the rights, interest and benefits accrued to the said trade mark 'PLAZA' and that they are also entitled to effect registration of the said trade mark transferred in their names. It is also stated that the respondent Nos. 1 to 3 on 16th April, 1981 filed an application for registration of the trade mark 'PLAZA' for tooth paste, tooth powder, shoe polish, agarbatti and dhoop as proposed by them in Class 3. The said application was allegedly filed by the respondent Nos. 1 to 3 surreptitiously in their names without disclosing to Darshan Lal trading as M/s. Plaza Chemical Industries. The aforesaid application was accepted and advertised in the Trade Marks Journal dated 1st March, 1991, and thereafter the said trade mark was registered in the name of respondent Nos. 1 to 3. It is stated that the petitioner is engaged in the same trade and he is also one of the proprietors of the trade mark 'PLAZA' and is entitied to use the same and, therefore, the present petition was filed for removal of the wrong and illegal registration.