AKTIEBOLAGET SKF Vs. RAJESH ENGINEERING CORPORATION

JUDGEMENT

(1.) Admit.

(2.) This is an appeal against the order of the Deputy Registrar, Trade marks dated June 20, 1994, whereby the opposition of the appellant to the registration of the trade mark applied for by the respondent has been dismissed. The facts giving rise to this appeal are as under :-

(3.) On September 29, 1986 the respondent filed an application for registration of trade mark SKI in respect of ball bearings, being parts of machines, included in class 7. On February 16, 1991 the mark was advertised in Trade mark Journal. Thereafter on April 1, 1991 the appellant filed notice of opposition to the application of the respondent for registration of the trade mark wherein it was averred to the effect that the appellant was registered proprietor of trade mark SKF under registration No.5984 dated September 30, 1942 in class 7 in respect of ball and roller bearings, plummer blocks & pulleys etc; that the appellant also owns several registrations in respect of trade mark SKF in clauses 6,7,8,9 and 12 and that the goods of the appellant and that of the respondent will be said from the same outlets and to the same customers who are likely to assume the respondent's goods as that of the appellant and that the respondent has deliberately and with mala fide motives selected trade mark SKI, which is deceptively similar to the appellant's trade mark SKF.