OM TEXTILE FACTORY Vs. PEPSICO INC

JUDGEMENT

(1.) WORD 'PEPSI' was sought for registration under Applicant No. 687663 in class 25 for the goods "hosiery and readymade garments" by the above named Applicant. The mark was claimed to be used since April, 1992. Eventually the application was advertised before acceptance under Section 20(1) proviso vide Trade Marks Journal No. Mega 1 dated 25.8.2003 at page 193.

(2.) ON 22.1.2004 a notice of opposition on Form TM -5 was lodged by the above named Opponent objecting to the registration of the impugned mark on the following grounds : -

(3.) IN his counter -statement filed on 1.6.2004 the Applicant denied the various averments of Opponents and stated that the impugned mark was honestly conceived and adopted in the year 1990 and is being used thereafter continuously. Rest of the counter -statement contains mere denial of the Opponents' averments.