MOUNT METTUR PHARMACEUTICALS P Vs. A WANDER

JUDGEMENT

(1.) THIS appeal is preferred by Mount Mettur Pharmaceuticals (P) Ltd. , against the judgment of Ganesan J. in A. A. O. 369 of 1966, dismissing the appellant's application to register his trade mark.

(2.) THE appellant made an application for registration of a trade mark consisting of the word 'asthmix' in Part A of the Register in Class 5 in respect of a designation of goods, which, after amendment, read 'pharmaceutical preparation for the treatment of Asthma'. A notice of opposition was lodged by the first respondent under S. 21 of the Trade and Merchandise Marks Act, 1958. The main grounds of opposition were that the opponents are the proprietors in india of the trade mark 'asmac' registered under Cl. 5 in repect of pharmaceutical preparation for the treatment of asthma, that by long and extensive user the said trade mark had become exclusively associated by the trade and the public in India with them and had acquired a great reputation, that the appellant's trade mark is deceptively similar to theirs, that the appellant's mark did no qualify for registration under Section 9 of the Act and that in view of the deceptive similarity, the appellant's application should be rejected.

(3.) THE Assistant Registrar of Trade Marks found that there was a real tangible danger of confusion in the minds of the public. He also found that this is not a case where registration under S. 12 (3) of the Act should be given. In the result, he dismissed the application with costs of the opponents.