RUPTECH EDUCATIONAL INDIA Vs. REGISTRAR TRADE MARKS

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present appeal has been filed by the Appellant - Ruptech Educational India, which is engaged in providing educational and allied services. The Appellant operates under the well-known mark "SCOTTISH HIGH INTERNATIONAL SCHOOL", as a day boarding Senior Secondary School, which was set up in 2005. The Appellant claims to have many similar registered trademarks in various classes, such as "SCOTTISH HIGH", bearing application no. 1813509, which was a multi-class application, and "SCOTTISH HIGH INTERNATIONAL SCHOOL", bearing application no. 1446026, in Class 25.

(3.) One such mark which the Appellant applied for on 2/1/2018, is "SCOTTISH HIGH EARLY YEARS", bearing application no. 3717101. The said mark was applied for in respect of services falling in Class 41, viz., "Education; providing of training; entertainment; sporting and cultural activities; boarding schools; books publication of camp services; correspondence courses; educational examinations" etc.