OM PARKASH KARAM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application made by Om Parkash for rectification, of the register under Sections 46 and 47, Trade Marks Act, 1940.

(2.) The petitioner alleges that he has been carrying on business in Saddar Bazar, Delhi, of manufacturing thread balls. The opposite party got in the year 1946, his trade mark registered, the cartoon of which is marked as A, that he has been changing his designs and has without disclosing the changes got his trade mark renewed on 8-4-1953 and that was done without the true facts being disclosed, that the registration is calculated to prejudice and interfere with the applicant's busi- ness and that the opposite party is not entitled to the use of the trade mark. In para 15 he submitted that the registration was calculated to deceive and confuse the customers and it interfered prejudicially in the trade of the applicant and he therefore prayed for rectification of the register by the removal of the trade mark.

(3.) The opposite party Darogha Mal has pleaded that such an application is not maintainable because Section 24 Trade Marks Act is a bar to the application. He has denied that there has been any change in the registered trade mark and has pleaded that he filed a suit for permanent injunction against the petitioner. In reply to para. 15 he denies the allegations made therein and also submits that even if they were correct, they are not sufficient for the rectification of the register. He specifically pleaded that the petitioner did not allege that the registration was obtained by fraud further that he did not state the particulars of the deception or confusion alleged.