Veeravagoopillai V. Saibo Et Al.,

1934 Present: Garvin S. P. J. and Akbar J.

VEERAVAGOOPILLAI v. SAIBO et al.

85-D. C. (Inty.) Colombo, 2,033.

    Trade mark-Application to register mark resembling respondents' trade mark-Test to be applied in determining question-Whether ordinary purchasers are likely to be misled-Burden of proof.

 The appellant applied for the registration of a trade mark, in respect of flour, called the Hanumar brand consisting of the figure of a monkey in a standing position. The respondents had registered a trade mark in 1913, also in respect of flour, called the Pahlwan, consisting of a strong man in a standing position holding up a pair of dumb-bells. Respondents' trade mark was known in the trade as the man mark.

Held, that the trade mark proposed by the appellant so nearly resembled the respondents' as to be calculated to deceive the public.

Held, further, that in the circumstances, the burden was on the appellant to satisfy the Court affirmatively that his mark was not calculated to deceive.

APPEAL from an order of the District Judge of Colombo.

A. E. Keuneman (with him Choksy and D. W. Fernando), for applicant, appellant.

H

Click Here to Read the rest of this document