WEALTH ADVISORS (INDIA) PVT. LTD. Vs. CITIBANK

JUDGEMENT

(1.) The Petitioner has preferred the instant Writ Petition praying for passing of an order by this Court in calling for the records relating to the order of the 2nd Respondent/Appellate Board dated 09.03.2012 in ORA/7/2010/TM/CH and to quash the same. Further, the Petitioner has also sought for passing of an order by this Court in directing the 3rd Respondent/Registrar of Trade Marks not to cancel/Re-enter Trade Mark Registration No. 1317858 in Class 36 for the trade mark/label WAI WEALTHADVISORS from/in the Register of Trade Marks. Summation of Facts:

(2.) According to the Petitioner, it is an Independent Investment Advisory Firm promoted by JV Gokal Group [a leading export house in India] founded in the year 1952, with an annual turnover of Rs. 1000 Crores and net worth of Rs. 300 Crores. As a matter of fact, the Petitioner is promoted by a team of professionals with more than two decades of experience in the Financial Services Industry. Moreover, the Petitioner's products and service lines include (i) Mutual Funds, (ii) Insurance, (iii) Equity, (iv) Fixed Income, (v) Investment Tax Advisory, and (vi) Will and Trust services.

(3.) The stand of the Petitioner is that it had honestly adopted the mark "WEALTHADVISORS" and "Logo" for its financial services in May 2004 and had continuously, widely and extensively used the mark in respect of the said services and had earned extensive reputation and goodwill among the trade and public. That apart, it had extensively and widely advertised the products and services under the mark "WEALTHADVISORS" and "Logo" throughout India on print and electronic media. The said Petitioner's mark and Logo has become distinctive and capable of differentiating the services rendered by it.