VISHNU PULSE MILLS Vs. SACHDEVA & SONS

JUDGEMENT

(1.) On 6.7.1992 Manubhai Bhailalbhai Patel and others trading as Vishnu Pulse Mills, Vasad 388306, (W.Rly), Gujarat (hereinafter referred to as the applicants) filed an application under No. 576556 in class 30 for registration of trade mark PARI with device of Fairy with garland in her hand in respect of Toor Dall. The said application was examined and ordered to advertised before acceptance and accordingly advertised in the trade marks journal No. 1242 dtd. 8.3.2001 at page 171. M/s. Sachdeva & Sons. Post Office Gilwali, Sangrana Sahib, Taran Taran Road, Amritsar-143022, Punjab (hereinafter referred to as the opponents) objecting to the registration of trade mark of the applicants by filing notice of opposition on form TM-5 on 3.4.2001 on the following grounds :

(2.) In view of the above pleadings the opponents prayed for the refusal of impugned application.

(3.) In their counter statement the applicants stated that they are engaged in the business of manufacturing and marketing of Toor Dal since the year 1982. In the year 1982 they have adopted a trade mark PARI CHAP and using the same continuously and uninterruptedly since then. Due to extensive use and excellent quality of their products they have gained considerable reputation and goodwill in the trade. The applicants stated that their trade mark is different and dissimilar from the opponents and hence the question of any confusion or deception does not arise. The applicants finally prayed that the opposition may be dismissed and application may be proceeded to registration.