The Intellectual Property Appellate Board (IPAB) has directed the Registrar of Trade Marks to remove the trade mark Hopla, a detergent and washing soap trade mark from Sree Ma Soap Factory, West Bengal, in a rectification application filed by Sarkar Soap Factory, which manufactures detergent and washing soap under the brand Hogla.
In an order issued recently, IPAB Vice Chairman S Usha and Technical Member (Trade Marks) Sanjeev Kumar Chaswal said that in view of the settled principle of law that the prior adopter's right is superior to that of the subsequent registered proprietor, Sarkar Soap Factory's rights are to be protected, since they are the prior adopters.
It also added that Sree Ma Soap Factory did not appeared before the Board to justify their adoption and it has further proceeded to hearing the application since it has been filed in 2006.
The Board observed that the trade marks are deceptively similar both visually and phonetically the possibility of confusion is certain especially when the goods are the same. The Sarkar Soap Factory’s use of the trade mark is since 1974 whereas Sree Ma Soap Factory have claimed user since 1989.
Sree Ma Soap Factory, in their counter statement stated that they adopted the trade mark as early as 1989 in respect of detergent cakes and washing powder of all kinds and the trade marks are not similar. It also denied the allegations against its trade mark.
