SANT RAM AND COMPANY Vs. SATNAM OVERSEAS

JUDGEMENT

(1.) The present judgment disposes of CM(M) No. 303/ 1993, CM(M) No. 327/1993 and CM(M) No. 313/1996, since they arise out of a common set of facts between the parties and relate to 3 different orders passed by the Registrar of Trade Marks.

(2.) Sant Ram and Co., the petitioner in all the petitions obtained registration of the Trade Mark "KOHI-NOOR" vide Trade Mark Registration No. 274996 in respect of rice in Class 30. This registration was granted to the petitioner on an application filed before the Registrar of Trade Marks claiming user of the trade mark in respect of their goods since the year, 1961. Registration was accorded on 15.9.1971.

(3.) The second respondent in all the petitions, M/s. Satnam Overseas filed an application for rectification of the trade mark obtained by the petitioner on the allegation that the impugned mark was got registered without any bona fide intention to use it and as a matter of fact there has been no bona fide use of the trade mark by the petitioner upto a date of one month and five years preceding the date of filing of the application of rectification by respondent No. 2. Alternatively, it was pleaded that the mark has been used by the petitioner only in a few cities and therefore, in any case the same is liable to be rectified in terms of Sub-section (2) of Section 46 of the Trade and Merchandise Marks Act, 1958 by putting limitation of use restriction qua the area where the mark was actually used by the petitioner.