NIRMA LIMITED Vs. PURNIMA GUPTA

JUDGEMENT

(1.) The present rectification petition has been filed by the petitioner seeking the rectification/removal of the trade mark 'NIMA' bearing application no. 934534 in Class 14, registered in favour of the respondent No.1 for "precious metals and their alloys and goods in precious metals of coated therewith (except cutlery, forks and spoons) jewellery, precious stones". The mark of the respondent No.1 is reproduced herein below:

(2.) The respondent no.2 is the Registrar of Trade Marks, who has granted said registration in favour of the respondent No.1.

(3.) It is the case of the petitioner that the petitioner's predecessor-in-title coined and adopted the trade marks 'NIRMA' and 'NIMA' in the years 1969 and 1982, respectively. The trade mark 'NIRMA' was coined and adopted from the name of the petitioner-company's founder-promoter's daughter 'Nirupama" and the trade mark 'NIMA' was coined and adopted by dropping the letter 'R' from the trade mark 'NIRMA'.