AMMINI KARNAN Vs. INTELLECTUAL PROPERTY APPELLATE BOARD

JUDGEMENT

(1.) This writ petition relates to a two decades of long drawn legal battle for the ownership of a trade mark consisting of a word "NIRAPARA", a word in Malayalam which literally means "full measure". The said Trade mark, along with a device was applied for Registration in respect of food products viz. Maida, Suji and Atta (all are flours), falling under Class 30, by M/s Nirapara Roller Flour Mills Private Ltd, Changanacherry, Kerala (the third respondent herein), in Application No.543880 on 21.1.1991.

(2.) The applicant/third respondent initially applied in the name of South Kerala Food Process Pvt Limited, claiming as the user of the Trade Mark since March 1990. During the process of Registration, a request was made to amend the name of the applicant as "NIRAPARA ROLLER FLOUR MILLS LIMITED". The application for such registration of trade mark was advertised in the Trade Mark Journal dated 1.7.1996 as accepted.

(3.) On 17.9.1996, M/s.K.K.R.Modern Rice Mills, Kaladi, Kerala (the writ petitioner herein) lodged a notice of objection to the Registration of said Trade Mark under sections 11(a) (b) (e) of the Trade and Merchandise Marks Act 1958, equivalent to sections 11 (1), (2) and (3) of Trade Marks Act 1999 (hereinafter referred to as "Act"). M/s Nirapara Roller Flour Mills (hereinafter referred to as applicant/respondent), filed their counter on 20.5.1997 rebutting all the objections raised on the part of the writ petitioner herein.