I T C LIMITED Vs. GTC INDUSTRIES LTD

JUDGEMENT

(1.) THIS petition challenges the order dated 19-12-1994 of the Assistant Registrar of Trade Marks by which he has permitted the respondent to register the trade mark "magnum" in class 34 in respect of cigarettes, bidis, safety matches, cigars, smokers articles, etc.

(2.) THE respondent No. 1 made an application on 23-12-1987 for registration of the trade mark "magnum" for its cigarettes. Upon an advertisement for registration in part A of the register, the petitioner filed a notice of opposition on 14-5-1992. A counter was filed by the respondent No. 1 on 11-8-1992.

(3.) THE evidence was led in the form of affidavits wherein a reference is made to the dictionary meaning of the word. A piece of evidence considered important by the petitioner was an advertisement in a trade mark journal where the Registrar had while registering the label mark for CAVANDERS cigarette laid down a disclaimer for the words "magnum FILTER". It is important to note that the disclaimer, as observed by the Registrar, was agreed to by Godfrey Philips.