MEERANI ELECTRICALS Vs. REGISTRAR OF TRADE MARKS

JUDGEMENT

(1.) THIS is an appeal filed by the petitioners under section 109(2) of the Trade and Merchandise Marks Act, 1958 challenging the order dated February 10, 1977 passed by the Registrar of Trade Marks refusing registration of the mark 'Fiat' in respect of certain electrical goods.

(2.) THE petitioners filed application No. 307560 on August 11, 1975 to register a trade mark consisting of the word 'FIAT' in respect of electric transformers, bells, irons, plug pin, kettle, fittings, wires, electric switches, electric sockets, electric cutouts, electric iron clad switch gears, electric buzzers and electric chokes, all included in Class 9 of Part A of the Register. THE Registry objected to the mark on the ground that the word 'FIAT' was a well known trade mark of an Italian company in respect of road motor vehicles. THE Registry by letter dated December 16, 1975 called upon the petitioners to comply with certain requirements. It was pointed out that the specification of goods set out in the application was not precise and that the petitioners should explain as to how they came to adopt the mark as their own when it was a well-known trade mark of an Italian company. On receipt of this letter, the petitioners amended the application and instead of the original mark 'FIAT', the petitioners claim registration for the mark 'Fiat', and also gave the specification of goods precisely. THEreafter the Registry raised on objection under Section 11(a) of the Act to the registration of the mark. After hearing the petitioners, the Registrar rejected the application for registration and subsequently furnished grounds of decision under Rule 41(1) of the Trade and Merchandise Marks Rules, 1959.

(3.) IN view of those rival submissions, the first question which requires answer is whether the Registrar had powers to dismiss the application without first advertising it, by exercise of powers under Section 11(a) of the Act. Section 11(a) reads as follows : "A mark, the use of which would be likely to deceive or cause confusion shall not be registered as a trade mark."