RAJ OIL MILLS Vs. BOMBAY OILS INDUSTRIES LTD.

JUDGEMENT

(1.) A label consisting of the word COCORAJ with a, device of coconut tree was sought for registration under application No. 549767 dated 25r4 -.1991 in class 29 by the above named Applicants. The applicants claimed user since October, 1988. Eventually the application was accepted and duly advertised subject to association of applicants earlier registration No. 328202 in class 29 vide Trade Marks Journal No. 1141 dated 16 -12 -1996 at page No. 1310.

(2.) ON 29 -3 -1996 a Notice of Opposition by the above given Opponents was lodged on Form TM -5 objecting to the registration of the aforesaid impugned mark of the applicants on the following grounds:

(3.) THAT the Opponents are also the Regd. Proprietor of similar trade marks as per details in given in para 13 of the Notice of opposition. The Opponents took objections under Sections 9, 11, 12(1) and 18(1) of the Act and also prayed for the exercise of discretion adverse to the applicants under Section 18(4) of the Act.