FINANCIERE BATTEUR SAS Vs. KALAI ARASU

JUDGEMENT

(1.) This petition has been filed under Ss. 47 and 57 of Trade Marks Act, 1999 (in short "the Act") seeking for cancellation of the trademark "Physiolac AR" bearing application No.2897583 registered in favour of the first respondent under Class 05 on a "proposed to be used" basis.

(2.) The petitioner claims that they are a globally recognized company engaged in the manufacture and marketing of a wide range of products in the health and beauty care sectors, particularly, focused on baby and childcare products.

(3.) According to the petitioner, their predecessor in title conceived the trademark "PHYSIOLAC" in the year 1992 and the mark was first introduced commercially in France in 1996. According to them, the mark was specifically designed for dietary formulations and related baby and childcare products.