AI Structured Summary
Not yet generated for this judgment
Judgment
Manmohan Singh, J
The applicant has filed the present application for rectification of trade mark No. 2137507 bearing the trade mark LOGO (two uplifted hands with
diya in the center) with the words Double Hands in class 24 in the name of P. Karunanithy, trading as M/s. Vedhapuri Textiles, the respondent No. 1
herein. The applicant is the original adopter and registered proprietor of trade mark LIC logo with Two uplifted hands with a diya with flame in the
center with the words ""Life Insurance Corporation of India"" in respect of goods falling in class-16 and services falling in classes 36, 41 and 42 which
has been used openly continuously and extensively used since 01.09.1956.
The following trade mark registrations referred in the petition are used since 01.09.1956 and are well-known trade marks in India and abroad.
The respondent No. 1 had applied for registration by filing of an application No. 2137507 for registration of trade mark logo with the device of two
uplifted hands with diya in the centre with the words ""Double Hands"" claiming user since 01.03.2001 for lungies falling in class-24 was advertised in
the Trade Mark Journal No. 1546 dated 23.07.2012 at page 1227. Inadvertently, the impugned mark was not opposed by the appellant it never came
to notice of the applicant and the same was registered on 18.03.2013.
Applicants for Rectification submit that the applicant is person aggrieved as they are embarrassed by the registration of the trade mark ""LOGO
(Two uplifted hands with diya in the center) with the words ""Double Hands"" in favour of this party from Chennai. The registration of the trade mark
Logo"" (Two uplifted hands with diya in the center) with the words ""Double Hands"" of the respondent No. 1 tends to operate in restrain of what would
otherwise have been the legal rights Life Insurance Corporation of India, the applicants for rectification as it would amount to infringement of
applicant legal rights as is especially there is deceptive similarity and an infringement of the registered proprietors statutory and common law rights.
The respondent has obtained the registration of ""LOGO (Two uplifted hands with diya in the center) with the words ""Double Hands"" of the
respondents No. 1 which was through inadvertence by not filing requisite Notice of Opposition within the time frame of the statute and thus the
application was wrongly registered as a trade mark.
No one can deny the fact that the registered trademarks of the applicant marks not having goodwill and reputation in India but also have in the
entire world. The use of similar mark moved by any party would amount to infringement of rights of the applicants.
On 23.06.2016 the attorneys of applicant for rectification received intimation letter dated 19.06.2014 IPAB for service of Rectification Application
No. ORA/99/2014/TM/CH on the Registered Proprietor and Registered Proprietor was directed to file counter statement within two months period.
No counter statement has been filed by the registered proprietor in the matter, neither any extension has been applied for. On the 26.10.2017 and on
the 27.02.2017 when the matter was listed for hearing, no one appeared for the registered proprietor.
From the record, it is evident that the trademark ""LOGO (uplifted hands with diya in the center) with the words ""Double Hands"" is identical to the
famous registered trade mark/service mark ""logo"" (Depicting ""Two uplifted hands with a diya with flame in the centre) and a flagrant infringement of
the registered trademarks and original artistic work of the applicant herein.
The applicants for rectification is the registered proprietor of the distinctive original artistic work having ""Logo with the letters LIC and the words
LIFE INSURANCE CORPORATION OF INDIA AND BHARATIYA JEEVAN BIMA NIGAM"" (in Roman and Devnagri scripts) claiming the
date of first publication in 1956 and which was published from time to time as well. The Registrar of Copyrights registered the said original artistic
work under Registration No. A-88189/2010 dated 1st February, 2010.
The respondent No. 1 has failed to file a single document to substantiate the alleged proprietorship of the impugned logo as registered under No.
2137507 or the alleged date of user claimed by the Registered Proprietor before the Appellate Board for defending the registration in the present
matter of rectification.
The LIC logo of the applicant for rectification has become so well known to the substantial population identifies that use of the identical logo in
relation to other goods would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods and
services and the person using the mark.
On 10.10.2013, when the applicant for rectification filed application for rectification of trade mark label registered under No. 2137507 which is the
relevant date the total sales turnover of the applicant for rectification was of the staggering amount of Rs. 248451.52 crores.
The registered proprietor must be aware about the trade mark and logo of the applicant on the date of filing the application, thus there has no
reason whatsoever to adopt the identical device of the two uplifted hands with flame for lungies falling in class-24 and the adoption of the impugned
logo is dishonest. The respondent No. 1 as a matter of fact has played and fraud upon the Trade Marks Registry in filing of application. The
respondent No. 1 can never become the proprietor of the Trademark in question. It is stolen property cannot become the rightful property to the thief
in any manner if the entire scheme at the act is read in meaningful manner. Thief will remain thief unless he is wholly reformed and should be dealt
with iron hand as they are villain to the society.
The registered proprietor has obviously lifted and copied whole original artistic work and trade mark logo Two uplifted hands with a diya with
flame in the center from the prior registered trade mark of the AFR and falsely alleged to have used the impugned registered trade mark label under
No. 2137507 for lungies falling in class-24.
The respondent No. 1 has filed the application and obtained the registration with malafide intention.
The applicant in the present case, due to peculiar facts and circumstances are covered to be person aggrieved with the meaning of Act. The trade
mark and logo of the applicant cannot be used in relation to any description of goods in view visually distinctive mark and logo.
The entry made in the Registrar in respect of registered trade mark ""LOGO (Two uplifted hands with diya in the center) with the words ""Double
Hands"" bearing No. 2137507 in class - 24 of P. Karunanithy trading as M/s. Vedhapuri Textiles of Chennai is in contravention of the provisions of
Sections 9 (2) (a), 11 (1) (a), 11 (2), Sub-section (3) of Section 11, and 18 and section 57 of the Trade Marks Act, 1999.
Thus therefore the said entry was made in the register ""without sufficient cause"" within the meaning of above sections and especially section 57(2)
of the Act and the same is accordingly cancelled/removed.
In the light of the facts involved in the present case as the respondent No. 1 has played a fraud upon the respondent No. 2 as well as in the public,
the respondent No. 1 is burdened with costs of rupees fifty thousand which shall be deposited by the respondent No. 1 with the Prime Minister Relief
Fund within the period of two months. Copy of the order be sent to the respondent No. 2. In failure to deposit the costs by the respondent No. 1 (or to
produce the receipt thereof) to the respondent No. 2, the respondent No. 2 shall proceed to initiate the appropriate proceedings to recover the costs
and deposit the same with the Prime Minister Relief Fund immediately. The applicant is also entitled for cost of Rs. 20000/- to prosecute the present
proceedings.