SATYA PAUL Vs. ALKA INDUSTRIAL CORPORATION

JUDGEMENT

(1.) The present petition has been filed under Sections 47, 57 and 125 of the Trade Marks Act, 1999 (hereinafter referred to as 'the Act') seeking removal, cancellation and rectification of the entry in the Register of Trade Marks with respect to the impugned trademark AiC ARUN bearing Trade Mark No.1524226 dated 17.01.2007 in Class-7, registered in the name of respondent no.1/M/s. Alka Industrial Corporation which was advertised in the Trade Marks Journal No.1431-0 on 01.01.2010 at Page 1175 of the said Journal.

(2.) Shorn of unnecessary details, the facts stated by the petitioner are that the petitioner is the prior adopter and registered proprietor of the trademark ARUN which was adopted by the predecessor-in-interest of the petitioner in the year 1962 for sewing machines and parts thereof included in Class-7. Petitioner claims that on 24.04.1996, the said trademark was registered in the petitioner's name. On that basis, the petitioner claims long, uninterrupted and continuous prior use.

(3.) On 24.04.1976, the trademark ARUN was registered in Class-7, vide registration no.314271, the area of allotment being the States of Gujarat, Maharashtra, Karnataka and Tamil Nadu. The petitioner asserts that vide registration no.431317B dated 21.12.1984, the trademark ARUN was registered in Class-7 exclusively for the remaining parts of the country. The same trademark ARUN was yet again registered in Class-20 vide registration no.1023094 on 04.07.2001. In the interregnum, on 16.06.1999, vide registration no.A-56/255/99, the label/wrapper/sticker of ARUN written in artistic manner was also registered.