CHANDRA BHAN AGARWAL Vs. ARJUNDAS AGARWAL

JUDGEMENT

(1.) This is an application made by the petitioner for the cancellation or revocation of the registration under the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the said Act) of the trade mark 'DORA' applicable to the Ganjis or vests manufactured by the respondents and being the trade mark No. 252040. The said word 'Dora' together with some designs was duly registered as trade mark on October 3, 1968.

(2.) The respondent firm has been carrying on business in the aforesaid Ganjis and hosiery vests since 1962 and has been using the said mark 'Dora' as their trade mark in respect of goods manufactured and sold by them. The word 'Dora' is an essential feature of the trade mark and together With design was considered to be a distinctive trade mark by the Registrar and was registered as such under the said Act

(3.) The ground for revocation or cancellation of the said trade mark as stated in the petition filed in support of the Notice of Motion is that the word 'Dora' in Hindi as well as in Bengali means universally thread or strips and is commonly in daily use.