KEDAR NATH GUPTA Vs. J K ORGANISATION

JUDGEMENT

(1.) This CM(M) 69/77 takes exception to an order rejecting the application No. 2568/75 for registration of trade mark consisting of the words 'JAY KAY' in class 6 in respect of locks, rolled and cast building materials, bolts, nuts, screws, door hinges and nails for sale in the States of Uttar Pradesh, Mysore, Andhra Pradesh and Tamil Nadu.

(2.) According to the petitioner Kedar Nath Gupta, the mark 'JAY KAY' is being used by him since 1965. It is claimed that since 1948, the applicant was working under the name and style J.K. Varshney&Co. He adopted the trade name 'JAY KAY' after his trading style 'Jay Kay & Company' for his manufactured locks by adopting the initials of his father and his own name for the customers and dealers in South India made clerical mistakes in the cheques in mis -spelling and word 'Varshney' in the year 1965. He claims to have following sale turnover of his goods under the trade mark 'JAY KAY': <FRM>JUDGEMENT_818_DLT71_1998Html1.htm</FRM>

(3.) After the trade name was advertised in the Trade Marks Journal No. 552 dated 1st June, 1972, JK Organization, an association registered under the Indian Trade unions Act, 1926 entered into opposition to the registration of the aforesaid trade mark on 1st September, 1972. The grounds of opposition are as under: