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DELHI HIGH COURT
Y. V. Chandrachud, J
M/s. Wattan Singh and Sons – Appellant
Versus
M/s. Bakhtawar Engineering Works – Respondent
| Table of Content |
|---|
| 1. overview of trademark opposition and usage. (Para 1 , 2) |
| 2. assistant registrar's findings on marks' similarity. (Para 3 , 4) |
| 3. impact of judicial decisions on trademark registration. (Para 5 , 6) |
| 4. final decision and dismissal of the appeal. (Para 7 , 8) |
1. By this appeal under S.109 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act'), the appellants, M/s. Wattan Singh and Sons, change an order of the Assistant Registrar of Trade Marks, Delhi, accepting the application of the respondents M/s. Bakhtawar Engineering Works, for the registration of their rival mark under S.12 (3) of the Act. The appeal has been filed in the following circumstances.
2. According to the appellants, they are engaged in the manufacture and merchandise of agricultural machinery, chaff cutter blades and their components and have been carrying on this business under the trade mark "DO CHIRI" with the device of two birds since 1932 through their predecessor - in - interest and since 1937 by themselves. The mark was registered in 1949. The application of the predecessor - in - interest of the appellants for registration was then opposed on the ground that the t
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