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TM Registry Ordered to Examine Plea

Published: 18th December 2014 06:01 AM  |   Last Updated: 18th December 2014 06:01 AM   |  A+A-

CHENNAI: The Intellectual Property Appellate Board (IPAB) has directed the Trade Marks Registry to consider the petition of a US based multi-national company, E I Du Pont De Nemours and Company, that has challenged the trademark ‘Nomex’, registered by a pharmaceutical firm in Mumbai.

Du Pont submitted that the firm was in existence in India since 1802. It had spent a  huge amount and time in promoting trademarks registered under various classes across the world. The trademark ‘Nomex’ has been registered in many countries including India.

The company stated that it came to know through an advertisement in April, 1999 that Galpha Laboratories Limited, Mumbai, had been using a trademark similar to ‘Nomex’ for pharmaceutical substances.

Immediately, the company sent a notice to the Trademark Registry against the registration and use of trademark ‘Nomex’.

On March 11, 2009, the Assistant Registrar of Trademarks, rejected the opposition filed by the petitioner, on the grounds that there was no similarity and the trademarks were not identical with the mark of the opponent. It was also held that the goods of the petitioner were entirely different from the opponent.

Aggrieved by the order, Du Pont moved the IPAB.The bench comprising its chairman KN Basha and technical member Sanjeev Kumar Chaswal said, “The Assistant Registrar in his order did not disclose on what grounds he had allowed the registration. We are of the considered view that the March 11, 2009 order is in gross violation of principles of natural justice. Accordingly, the order is hereby set aside.”

The bench also directed the Assistant Registrar to consider the matter afresh by affording opportunity to both sides and pass orders on merits in accordance with law in three months.

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