The Intellectual Property Appellate Board (IPAB) has directed the registrar of trade marks to expunge a particular trademark ‘Dhunseri’ tea label filed by a person from Rajasthan from the registry, based on a rectification application filed by Kolkata-based Dhunseri Petrochem & Tea Ltd.
The IPAB has observed that if efforts were taken to check the register before the acceptance order was passed, this mark would not have been registered. It pointed that the examiners should take greater care at the examination or acceptance stage at the registry.
Quoting an observation made in an earlier order on the examiners’ role in curbing the proliferation of increasing number of oppositions, IPAB vice chairman S Usha and technical member (trade marks) V Ravi, said in their order, “As stated above, if efforts were taken to check the register before the acceptance order was passed, this mark would not have been registered. The impugned trademark is a label mark which is similar to that of the applicants mark and confusion is certain.”
“We also are of the view that the respondents who were under an order of injunction should have informed the registrar about the same. The mark in our view shall be cancelled for suppression of material facts,” said the order.
“By ‘greater care’ we suggest the accepting officer in the registry spend a few minutes perusing the ratio of various case laws (in this case letter marks) presumably uploaded the citation module of decided cases, which will curb the proliferation of mounting oppositions,” said the earlier order.
It added, “Examiners and accepting officers should keep learning the fascinating craft of balancing equities and propositions of trade marks law on a sustained basis. If genuine efforts are made, it will greatly improve the quality of examination by adopting a standard predictable operating procedure and contribute to the purity of the register.”
It may be noted that in a recent order in a trademark dispute between pharma firm Wockhardt Pvt Ltd and Kamaron Laboratories Ltd, the IPAB observed the registrar should have carried out a search and issued a report as similar marks were already on the registered.
Dhunseri Petrochem & Tea owns registered trade marks including Dhunseri Kala Ghora and Dhunseri in several applications and they also registered the copyright. Through various platforms it has been taking legal action against others attempting to use or register the trademark.
In April 2011, a search was conducted in the trademarks Registry and it was found the impugned registration was granted in favour of the respondent (Govindram Khatri from Rajasthan). The application for the trade mark was filed on 1994 claiming user since 1990 and registered in 2005. The notice sent to the respondents was served and they entered appearance through a counsel but the vakalathnama was not filed. Setting the respondents as exparte, as there was no representation from them, the board heard the applicants on merits, it added.
