GTC INDUSTRIES LTD Vs. ITC LIMITED

JUDGEMENT

(1.) This is an appeal from an order and decision of the Deputy Registrar of Trade Marks, Calcutta dismissing the appellant's opposition to the respondent No. 1's application for registration of a trade mark.

(2.) The facts relating to the case are briefly as follows :

(3.) The appellant applied for registration of the word mark 'WINNER' on 27th June, 1980 (referred to as the first application). Two years later the respondent No. 1 applied for registration of the mark 'WINEX' being application No. 386593. A few days after that the appellant filed an application for registration of the trade mark label 'WINNER' (referred to as the second application). All three applications related to class 34.