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IN THE HIGH COURT OF DELHI AT NEW DELHI
TUSHAR RAO GEDELA
Satya Paul – Appellant
Versus
Alka Industrial Corporation – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. The present petition has been filed under Sections 47 , 57 and 125 of the Trade Marks Act, 1999 (hereinafter referred to as ‘the Act’) seeking removal, cancellation and rectification of the entry in the Register of Trade Marks with respect to the impugned trademark AiC ARUN bearing Trade Mark No.1524226 dated 17.01.2007 in Class-7, registered in the name of respondent no.1/M/s. Alka Industrial Corporation which was advertised in the Trade Marks Journal No.1431-0 on 01.01.2010 at Page 1175 of the said Journal.
2. Shorn of unnecessary details, the facts stated by the petitioner are that the petitioner is the prior adopter and registered proprietor of the trademark ARUN which was adopted by the predecessor-in-interest of the petitioner in the year 1962 for sewing machines and parts thereof included in Class-7. Petitioner claims that on 24.04.1996, the said trademark was registered in the petitioner’s name. On that basis, the petitioner claims long, uninterrupted and continuous prior use.
3. On 24.04.1976, the trademark ARUN was registered in Class-7, vide registration no.314271, the area of allotment being the States of Gujarat, Maharashtra, Karnataka
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Registration of a trademark may be cancelled if it is found to be deceptively similar to a prior registered mark and has not been used for five years, reflecting both private and public interest.
Prior use and distinctiveness of a trademark override subsequent registrations, establishing a likelihood of consumer confusion in trademark disputes.
Dishonest adoption of identical abbreviated mark in same field, without bona fides explanation and false prior use claim, defeated by prior global/India rights via registrations, franchises, domains,....
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