STERLING MACHINE TOOLS Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) The petitioner, M/s. Sterling Machine Tools, has impugned the certificate dated 28th July, 1995 issued by the Joint Registrar of Trade Marks to the respondent No. 7, M/s. A.K. Enterprises, certifying that upon search, no trade mark identical or deceptively similar to the trade mark "Bharat Marshal" was found to be registered or applied for.

(2.) The respondent No. 7 had applied for the said certificate under TM Form No. 60 +for registration under the Copyright Act, 1957. The said certificate is required under the proviso to 45(1) of the Copyright Act, 1957.

(3.) Counsel for the petitioner, has drawn my attention to similar requests made by the petitioner under Rule 24 (1) of the Trade and Merchandise Marks Rules, 1959 in Form TM-54 dated 18th March, 1993 and dated 18th February, 1994 in respect of the trade marks "Bharat" and "Bharat Marshal". In Addition, the petitioner had also made search under Form TM-60 dated 18th March, 1973 for the mark "Bharat". The Registrar of Trade Marks in response to the three search applications of the petitioner had responded in negative and had informed the marks "Marshal" and "Bharat Marshal" resemble the trade marks, which were already registered. Thus there is contradiction between the certificate/reports submitted by the Registrar of Trade Marks, when the petitioner had submitted applications in Forms TM-54 and TM-60 in respect of the marks "Bharat" or "Bharat Marshal" and the certificate issued to the respondent No. 7 by the Registrar of Trade Marks in respect of the mark "Bharat Marshal" by the impugned letter dated 28th July, 1995.