Case Law Details
Hindustan Unilever Limited Vs Girnar Exports (IPAB)- The four appeals are against the orders passed by the Deputy Registrar, Trade Marks at Chennai in three proceedings and the Deputy Registrar at Kolkata in one. The mark is ‘Red Label’. Application No.397359 is for registration of the mark which is a label consisting of the word ‘Red Label’ with a colour scheme of ‘red and yellow’ in Roman and Arabic character in respect of tea (Class 30) which is the subject matter of TA/47/2003/TM/CH. The appellant who was the applicant claimed user from 1971.
The application was dated 6.11.1982. It was advertised on 16.12.1995 in Journal No. 1117 with a condition that it has to be associated with the mark 84984 and others. The application No. 398076 is for registration of a carton with the expression ‘Red Label’ in the same color scheme as above in respect of export (Class 30). It was applied for on 25.11.1982 which was advertised in the Journal No.1103 dated 16.5.1995. The user claim was from 1971. There was a disclaimer with regard to the use of “pure Indian tea” and other descriptive matters and it was directed that the mark shall be limited to the color red and yellow. Against this OA/69/2004/TM/CH is filed. Trade mark bearing No. 398077 is a label with the words ‘Red Label Tea’, ‘Pure Indian Tea’. This was also filed on the same date as above. It was advertised in the Journal No.1099 dated 16.3.1995. The user claim was from 1.1.1971. This is the subject matter of OA/34/2004/TM/CH. This and the matter above were heard together and a common order was passed. The trade mark application 453651 is for the label bearing the words ‘Red Label’ and monogram ‘RL’. The application is dated 7.5.1986 and it was advertised in Journal No.1085 dated 22.8.1994. The user claim was from 1.10.1983. There was a disclaimer regarding the exclusive use of the letter ‘RL’ ‘CTC’ and other descriptive matters appearing on the label. This is the subject matter of TA/305/2004/TM/KOL. Broadly, in all these four matters the Registrar was of the opinion that the user was not proved, that the trade mark consists of the words and colours that are common to the trade and that the mark is not distinctive and also that it is likely to cause deception and confusion. Against this the present appeals have been filed. The Counsel appearing on both sides made elaborate submissions and also filed written arguments.
INTELLECTUAL PROPERTY APPELLATE BOARD, CHENNAI
TA/47/2003/TM/CH, OA/34/2004/TM/CH, OA/69/2004/TM/CH
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