PRADEEP SETHI Vs. ANISHA TRUST MANAGING TRUSTEE

JUDGEMENT

(1.) THIS judgment and order will dispose of Misc. Petition No. 21 of 2000 as well as Misc. Petition No. 39 of 2000 since they are between the same parties and since goods in respect of which the trade mark was sought to be registered are the same, the only difference being that in Misc. Petition No. 21 of 2000, the tacks were sought to be registered in class 6 as "hand SHOE TACKS" and in Misc. Petition No. 39 of 2000, they were sought to be registered in class 20 which deals with furniture.

(2.) THE common facts are as follows:--- The petitioner and respondent No. 1 in the two cases i. e. Misc. Petition No. 21 of 2000 and Misc. Petition No. 39 of 2000 are the same parties, though inversely arrayed. Therefore, they are referred to as applicant and opponent. The latters capacity in both cases is the same.

(3.) THE applicant is described in the proceedings as follows: anisha Trust, Managing Trustee Shri Lalji Mangaldas Popat, Karta of Hindu Undivided Family Trading as V. K. Patel and Co. , Exports, having its office at 302, Hari Chambers, 3rd Floor, 58/64, Shahid Bhagat Singh Road, Mumbai 400 023. " This very description gives rise to a contention which is dealt with a little later. After this application was made on 24-4-1990 by the applicant for registration of the trade mark ELEPHANT brand in class 6 as well as class 20, on 16-7-1994 an advertisement was published in part 4 for registration of the trade mark in part A. On 16-7-1994 a notice of opposition was given by the opponent Pradeep Sethi who claimed as a user since 1986 and the trade mark ELEPHANT brand since 12-4-1990.