DORI LALL GUPTA Vs. DHARAMPAL PREMCHAND P LTD

JUDGEMENT

(1.) THIS is an appeal from a decision by the deputy registrar of the Trade Marks passed on 1st of September, 1975. By the sad decision the Deputy Registrar has refused the application of the appellant for registration. It appears that on the 12th of november, 1970 Dori Lall Gupta trading as Bengal Tobacco Chemical Industry, calcutta made an application to register in Part 'a' of the Register of Trade Marks, trade mark consisting of a label containing the bust portrait of a man and the words "lal EABA KESHARI zarda" in Bengali characters in class 34 in respect of specification of goods subsequently amended to read as "zarda (chewing tobacco) for sale in the States of West Bengal, Assam, Madhya Praaiesh, orissa and Bihar.

(2.) THE registration of the mark was objected to on the ground of conflict with certain marks. After proper advertisement opposition was filed by one Dharam Pal prem Chand Private Ltd. of Delhi. It was alleged by the opponent which is the respondent herein that the opponent is the leading manufacturer of chewing tobacco and has been using the trade mark "baba BRAND" on the product ever since the year 1958, that the opponent was holding registration for the trade mark "baba Brand" which had acquired and valuable goodwill and reputation by reason of its extensive sale and publicity thereof. If was "further alleged that the appellant's mark which was sought registration was deceptively similar to the opponent's aforesaid trade mark and the registration of the mark would contravene the provisions of sections 9, 11 (a), 11 (e), 12 (1) and 18 (1) of the Act.

(3.) ON the 29th May, 1973 the appellant filed his counter statement denying the allegations made in the notice of opposition and further asserted the claim of the appellant to registration in any event under section 12 (3) of the Trade and Merchandise Marks Act, 1958.