IPAB allows rectification petition in favour of Alberto-Culver

Rectification application was filed for removal of trademark Nexus registered under No 841773 in Class 5 under the provisions of Trade Marks Act, 1999

The Intellectual Property Appellate Board (IPAB) has allowed a rectification application filed by US-based Alberto-Culver USA Inc, a part of multinational firm Uniliver Group, to remove trade mark Nexus of Baroda-based Shyamal Pharma, registered under Class 5 under the provisions of the Trade Marks Act. Alberto-Culver has a salon hair care brand Nexxus in its portfolio.

The class 5 of Trade Mark Act in India is for products in the segment of Pharmaceutical and veterinary preparations, sanitary preparations for medical purposes among other products.

According to the order issued by IPAB, the rectification application was filed for the removal of trademark Nexus registered under No 841773 in Class 5 under the provisions of the Trade Marks Act, 1999.

The Board said that when the matter came before the corum, the authorised counsel for the US firm was present while there was no representation on behalf of Shyamal Pharma though the notice has been received by the company.

"The authorized counsel (of the US firm) submits that the mark as on date has not been renewed after 2009. In view of the above, the authorized counsel prays that the application for rectification be allowed. Accordingly, the application is allowed and the registry is directed to carry out necessary steps for removal of the impugned trade mark," said the order issued by IPAB Vice-Chairman S Usha and Technical Member V Ravi.

Alberto Culver is into manufacturing, distribution and marketing of leading beauty and personal care brands including TRESemmé, Nexxus, St Ives, Soft & Beautiful, Simple, Consort, Motions and Noxzema among others, in the United States and internationally.

In May 5, 2006, Unilever announced that it has reached an agreement with the US Department of Justice that will complete its proposed acquisition of the Alberto Culver company.

It was one of the series of aquisitions made by Unilever during the time, including the home and personal care products of Sara Lee in 2010, the premium hair-care company TIGI in 2009 and ice cream businesses in Russia, Greece and Denmark. These acquisitions were to improve the company's mix of portfolio towards higher growth areas in developed markets and filling in category gaps in fast-growing developing and emerging makets, said the company in an announcment in 2011.

The acquisition of Alberto Culver made Unilever the world's leading compan in hair conditioning, the second largest in shampoo and the third largest in styling, it said during acquisition. The acquisition, paying a cash of $3.7 billion in cash, was completed on May 10, 2011.