ETHICON INC Vs. EQUIPMENTS AND SYSTEMS PRIVATE LIMITED

JUDGEMENT

(1.) THIS appeal is against the order of the Assistant registrar of Trade Marks, Madras, registering the trade mark "efficon" in part'a'of the register in respect of certain stationery articles such as copying machines, carbon paper, copying ink, copying paper, etc. , included in Class 16. The opponents, who are the appellants before me are, ETHICON Inc. of U. S. A. , who manufacture certain surgical goods such as'sterilising Fluid and Sutures (Catgut)'under the registered trade mark'ethicon'.

(2.) THE appellants opposed the registration of the trade mark "efficon" applied for by the respondents before me on several grounds. THE opposition has been overruled by the Assistant Registrar and registration ordered. Now, in this appeal the opponents (appellants) press their opposition only under Section 11 (a) of the Trade and Merchandise Marks act, 43 of 1958. It is their case that the registration of the trade mark "efficon" would lead to deception and confusion.

(3.) THE Delhi High Court has followed the above Privy council decision in Nestle's Products v. Milkmaid Corporation, 1974 AIR (Delhi)40. That was a case where the appellants before the High Court were the registered owners of the trade mark "milkmaid" in respect of condensed milk. THE respondent before that High Court used the trade mark "milkmaid" in respect of biscuits and toffees. THE Delhi High Court held that the Nestle's Products Limited had no cause of action as against the respondent, who used trade mark'milkmaid'in respect of biscuits and toffees.