PRIYA ENTERPRISES Vs. PRESTIGE HOUSEWARES INDIA LIMITED

JUDGEMENT

(1.) THIS application has arisen in this way,

(2.) THE sole proprietrix of Priya Housewares ( India )Ltd. Bangalore for rectification of the register of trade mark and for removal of the trade mark from the register for non-user of the trade mark. According to the petitioner, the registered trade mark No. 141602 being the word mark, namely, Prestige, was originally registered in class 21 in the name of Plaster and Stampers Limited, Colne Road, Burnley , Lancashire , England during 1949. THE name of the registered proprietor was subsequently altered to the Prestige Group Limited, Prestige House, Holborn, London,e. C. I. ,England on 12-01-195 7. THEn, on 13-10-1989, the trade mark was registered in the name of the Presdige housewares (India) Limited, Bangalore with effect from 14-10-1985. But the respondent, the Prestige Housewares (India) Limited had not been using the trade mark more than past five years and one month.

(3.) THE point for consideration is whether this Court has jurisdiction to enter-tain the main petition "