KANSHIRAM SURINDERKUMAR A FIRM Vs. THAKURDAS DEOOMAL ROHIRE

JUDGEMENT

(1.) This appeal involves a question of rectification of the Trade mark Register by deleting mark 'Amar' registered in the name of the Appellants under No.212206B in part 'B' of the Register in class 24 rules made under the Trade and Merchandise marks Act, 1958,

(2.) The appellants had by their application dated 8th Nov.1962 applied for registration of the mark consisting of word "Amar" in respect of textile piece goods, On 25-3-1964 the said mark 'Amar was registered in the name of the appellants under No.212206B in part 'B' of the register of Trade mark in class 24. The Respondents thereafter on 21-5-1965 applied for the registration of the very same mark in their name, However, on being pointed out about the registration of the said mark in the name of the appellants, the respondents made an application dated 2nd Sept. 1965 under S. 56(2) of the said Act for rectification of the register by deleting the said mark 'Amar' as registered in the name of the appellants on the ground that the same was entered on the register without any sufficeint cause. According to them, the registration of the said mark in the name of the appellants was in contravention of S. 11(a) of the said Act as firstly they were the proprietors of the said mark before the mark was registered in the name of the appellants and secondly the said mark of the appellants being identical to that of their mark was likely to deceive or cause confusion.

(3.) The appellants opposed the said application for rectification , inter alia, denying that the respondents were proprietors of the said mark whern the mark was registered in their name and that the mark was contrary to the provisions of S. 11(a) of the said Act. They also pleaded acquiescence on the part of the respondents in use of the said mark by them. They also contended that their case fell under S. 12(3) of the said Act on the basis of honest concurrent user.