Jaguar Cars Ltd, possessed by Tata Motors, has gotten a favourable order in the Ip Appellate Board (IPAB) against Europe-based watch maker, Manufacture Des Montres Jaguar S A, who had put on used the trademark Jaguar because of its watches in India. An order is available in reaction to a petition filed by Jaguar Cars Ltd trying to quash the choice of deputy registrar of Trade Marks, Kolkata.
The registrar’s decision permitted the Swiss company to proceed with while using Jaguar title in watches and parts thereof, excluding clocks. The registrar mentioned Jaguar Cars hadn’t filed any proof of utilisation of the trade mark ‘Jaguar’ for watches and there is no proof of use and advertisement of Jaguar in India. Sales brochure and marketing materials of the organization don’t prove they’ve any manufacturing facilities in India.
Besides, Jaguar would be a common dictionary word, both companies mark co-is available in over 30 nations, the registrar noted.
Responding for this, the vehicle-maker stated, “….clearly proves the prejudice from the registrar and it is unlike the established concepts from the trade marks law. This really is unlike the settled position in law that using a mark may inure towards the proprietor despite the fact that merchandise is manufactured through allowed user, common-law licensees, contact producers etc”.
The organization also noted it been successful in eliminating the registration of trademark Jaguar through the Swiss company in France, Singapore, etc.
Criticising the findings of deputy registrar, the IPAB stated, “The registrar has concocted a brand new and novel test of producing facilities in India to attract an inference of non-use. This can be a uncommon theory in trade marks jurisprudence and almost comes down to a trade barrier not envisaged legally.Inch
“We conclude the registrar’s order is filled with infirmities and exhibits pronounced prejudice necessitating the Board to part of to right a dreadful wrong”, stated S Usha, vice chairman, and V Ravi, technical person in IPAB.
IPAB suggests scrapping Haldiram Kolkata trademark
The IPAB has requested the Registrar of Trade Marks to cancel the trademark of Kolkata-based Haldiram Bhujiawala, the sweets and snacks brand.
The IPAB order was on the dispute between your family people of, Ganga Bishan, who had adopted the trademark in 1941. The IPAB ruled towards Delhi-based Haldiram (India) Pvt Ltd, which filed a petition from the Kolkata firm. The board composed of S Usha, vice chairman and V Ravi, technical member (Trademarks) observed that Lal wasn’t the inventor from the trademark as stated through the participants (the Kolkata firm).
“We, therefore, have the vista the trademark needs to be taken off the register,”stated an order.