SINGER MANUFACTURING CO Vs. REGISTRAR OF TRADE MARKS

JUDGEMENT

(1.) This is an appeal from the decision and order of the Deputy Registrar of Trade Marks, Calcutta, dated October 23, 1962. The appellant is the Singer Manufacturing Company. The decision of the Deputy Registrar of Trade Marks is that designation of goods in Application No. 170032 for registration of a trademark consisting of a label containing the word 'Sagar' in the form of Class 7 in respect of Sewing Machines and parts thereof be limited to 'sewing machines sold complete'.

(2.) On July 11, 1955, Attorneys on the respondents made an application for registration of the Trade Mark Sagar is Class 7 in respect of Sewing Machines as appearing at page 1 of the Paper Book in the name of Vidya Sagar Trading as Paul Brothers, whose trade or business is 83, Lower Chitpur Road, Calcutta-7 by whom the said mark is used and who claims to be the proprietor thereof. The application was filed on July 19, 1955. On October 14, 1955 the Registrar of Trade Marks, Bombay, wrote to the said applicant's Attorneys that they should file an affidavit from the applicant as to the acquired distinctiveness in respect of the word 'Sagar' which is surname as well as a personal name. On March 1, 1956 the affidavit was affirmed by Vidya Sagar along with exhibits Nos. 1 to 154. On February 19, 1957 the Singer Manufacturing Company delivered the grounds of opposition. On September 27, 1957 Vidya Sagar affirmed another affidavit stating the grounds tor the application. In that affidavit the grounds of opposition on behalf of the Singer Manufacturing Company were dealt with. On November 20, 1961 the Singer Manufacturing Company delivered further grounds of opposition. On 27th January, 1962 Paul Brothers filed another counterstatemen'.

(3.) Affidavit evidence was relied on by both parties at the hearing before the Deputy Registrar. The evidence in support of the application consisted of the affidavit of Vidya Sagar affirmed on August 17, 1959 with Exhibits A-1 to A-115, (Sic) B-1 to B-5 and C-1 to C-4 which are to be found at page 74 following of the Paper Book. The other affidavits in support of the application are to be found at page 82 following of the Paper Book. The affidavit evidence in support of the opposition consisted of the affidavit of Joseph Thompson and Exhibits A, B, C, D and E sworn on May 16, 1958 which are to be found at page 44 following and the other affidavits in support thereof are to be found at page 53 following of the Paper Book. There is further affidavit of Joseph Thompson sworn on December 19, 1959 which is to be found at page 167 of the Paper Book.