L D MALHOTRA INDUSTRIES Vs. ROPI INDUSTRIES

JUDGEMENT

(1.) These are two appeals. This judgment will govern them both.

(2.) The dispute arises this way. There are two industries engaged in the manufacture of dress hooks which are generally used in garments. One is Ropi Industries. Henceforward I will call them Ropis. It is a partnership concern. They set up this industry in 1963. They manufacture hooks at Navsari a town in Gujarat. They started with humble beginnings. In the beginning their sales were only a few thousand. Over the years the sales have increased. They sell their goods at various places in India including Delhi.

(3.) The other industry is called L. D. Malhotra Industries. Henceforward I will call them Malhotras. They also manufacture dress hooks. They are located in Delhi. They got their mark KISMAT (word per se) registered with the Registrar of Trade Marks on December 26, 1967. On that date they were not using this word. In their application under s. 18 (1) of the Trade Marks Act 1958 (the Act) to the Registrar they said that they proposed to use it. The Registrar registered the word 'per se'. They started using the mark on the hooks which they manufactured.