SHARP KABUSHIKI KAISHA Vs. SHARP INDUSTRIES

JUDGEMENT

(1.) The appellant assails an order dtd. 1/6/2010 by which Opposition No.MAS-199608 was dismissed and, consequently, Application No.699845 for registration of the trade mark set out below was accepted for registration:

(2.) The first respondent applied for registration of the device mark set out above on 27/2/1996 in relation to pumps, including mono block pumps, centrifugal pumps, reciprocating pumps, stage pumps, parts thereof and fittings therefor. The application was filed by asserting use since 1/1/1979. The application was accepted for advertisement and such advertisement was published in Trade Marks Journal No.1327 (S-III) dtd. 17/1/2005 at page No.857.

(3.) Upon noticing such advertisement, on 12/7/2005, the appellant lodged a notice of opposition objecting to the registration of the above mentioned mark on the ground that it is carrying on the business of manufacturing and dealing in a wide range of products such as television sets, video cassette recorders, music systems, handy cams and other consumer electronic products. The appellant asserted the prior adoption and use of the trademark 'SHARP' both outside India and in India. The appellant further asserted that it is the registered proprietor of the trade mark 'SHARP' in India in many classes, including class 7 under Trademark No. 621788 in respect of washing machines, drying machines, juicers and mixers. The appellant further asserted that its mark is a well-known trade mark and that it is registered as a well-known trade mark in the Japanese and Korean Trade Mark Registers. The first respondent filed a counter statement on 15/5/2006 in response to the notice of opposition. Both parties filed evidence in support of the opposition and application, respectively, and pursuant to the hearing on 17/2/2010, the impugned order was issued. The present appeal arises in the said facts and circumstances. Counsel and their contentions