SHAMBHUNATH Vs. JAI RAJENDRA IMPEX PVT. LTD.

JUDGEMENT

(1.) These two Letter Patent appeals filed under clause 15 of Letters Patent are directed against a common order dtd. 7/2/2024 of a learned Single Judge of this Court in (T)OP(TM) No.6 of 2023 and (T)OP(TM) No.20 of 2023.

(2.) The said petitions were originally filed by the appellant herein before the Intellectual Property Appeal Board (IPAB) under Sec. 47, 57 and 125 of the Trade Marks Act, 1999 seeking cancellation of the registration of Trademark "THUFAN" in 'Telugu' and 'Tamil' languages under application Nos.1505280 & 1506140 in class 11 and also seeking rectification of the records of the Registrar by expunging the same from the Registrar of Trademarks. On abolition of the IPAB, the said rectification petitions were transferred to this Court and were accordingly, renumbered and were disposed of by learned Single Judge by common order dtd. 7/2/2024 dismissing both the petitions. It is aggrieved by the said common order, the appellant is before us.

(3.) The case of the appellant before us is that the appellant adopted the Trademark "TOOFAN" in respect of the fans manufacturing and marketing and the said word ''TOOFAN'' is said to have been adopted in an artistic manner and have been selling the fans in various states from the year 1987 onwards and the same also been advertised in Newspapers, Magazines and Journals, etc. It is also the further case that, the appellant filed an application No.605175 for registration of the Trademark "TOOFAN" for the fans in class 11 under the Trade and Merchandise Act, 1958 and the same was accordingly registered on 26/8/1993. It is also the further case of the appellant that the M/s.Rajendra Electrical Corporation a partnership firm of Shanthilal Jain and Lal Chand Jain was appointed as a distributor for selling "TOOFAN" brand fans in Andhra Pradesh in the year 1993 and the same was continued till the year 1994. It is the further case of the appellant that one Mr.Lal Chand Jain who was a partner of M/s.Rajendra Electrical Corporation and also being proprietor of 'Aman Marketing Company', while acting as distributor of the appellant filed three applications being Nos.657635 to 657637 for registration of the mark "TOOFAN" in English in the same artistic manner as that of the appellant in Class 7, 9 and 11 and the same on being advertised, the appellant filed notice of opposition and accordingly, the said applications were rejected by order dtd. 28/1/2010.