ANJI REDDY Vs. HOECHST AKTIENGESELLSCHAFT

JUDGEMENT

(1.) This appeal has been filed under Section 105 of the Trade and Merchandise Marks Act, 1958 against the order of the learned Single Judge dated 25.9.1998 in Trade Mark Appeal No. 1 of 1996. Such appeal has been filed against the order dated 1/8/1995, passed by the Assistant Registrar of Trade Marks directing registration of the present appellant's Application No. 443573 in respect of Trademark 'Novigan' in class-5 regarding medicinal and pharmaceutical preparation. Under the said order, the present respondent's objection for registration was rejected.

(2.) The present respondent is the owner of the registered trademark 'Novalgin' registered under Registration No. 148999 in class-5 in respect of pharmaceutical preparation. The present respondent in its objection had opposed the registration on the ground that the trademark applied for by the present appellant was deceptively similar to the trademark registered by the present respondent in respect of the same class of goods. The Assistant Registrar of Trade Marks having rejected such objection, the present respondent had filed appeal before the learned Single Judge. The learned Single Judge having allowed such appeal, the present second appeal has been filed.

(3.) The application under the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as "the Act") for registration of the trademark 'Novigan' was filed on 27/9/1985. After preliminary examination, the application was accepted for registration and advertised on 16.7.1988. Thereafter, on 5/10/1988 the present respondent gave a notice with an intention to oppose the said trademark. The main contention in the opposition was to the effect that the trademark has been registered and has been continuously use in India ever since 1956 and the trademark 'Novigan' sought to be registered by the applicant/appellant is deceptively similar to the trademark 'Novalgin' which would lead to confusion and deception and, therefore, such registration was barred under Section 11(a) of the Act.