SHAMBHU NATH & BROTHERS Vs. USHA INTERNATIONAL LIMITED

JUDGEMENT

(1.) The petitioner no. 1, a registered partnership firm, carries on business under the name and style of 'Shambhunath & Brothers' since 1986. The said partnership firm is engaged in business of manufacturing and marketing electrical fans of all kinds including ceiling fan, table fan, pedestal fan, exhaust fan etc. In or about 1987, the petitioner adopted the trade mark "TOOFAN" in a particular artistic get up and the said trade mark is used on the products packaging materials, brochures, warranty cards, invoices etc. Due to the superior quality of goods under the mark "TOOFAN", the petitioners earned goodwill and reputation in the business. The mark "TOOFAN" is registered under the Trade Mark Act. The petitioners have also obtained registration of their artistic stylized lebel "TOOFAN" under the Copyrights Act. The registration of the trade mark was obtained for manufacturing, distribution and sale of class 11 goods.

(2.) It is further stated by the petitioners that from the trade mark journal published on 29th January, 2018, they came to know that the respondent has applied for registration of deceptively similar trade mark "Toofan" in respect of class 11 goods. They also came to know that the defendant had filed an application for registration of trade mark "TOOFAN" in respect of air cooler, apparatus for ventilating etc. The said goods also find in class 11 of the goods under the Trade Mark Act.

(3.) On being noticed of impugned trade mark, the petitioners filed a notice of opposition before the competent authority raising objection against registration of identical trade mark "TOOFAN" in respect of the goods of same description falling in class 11.