IPAB rules in favour of Japanese firm over 'Sharp' issue

New Delhi-based company wanted to register its products under trade mark 'Sharp'

The Intellectual Property Appellate Board (IPAB) has ordered against the application of a New Delhi-based company to register trade mark 'Sharp' for some of its products such as TV Booster and antenna for TV among others, which comes in favour of the Japanese electronics major Sharp Corporation.

The order was issued in a petition filed by Sunil Grover, Trading as Analog Systems (appellant), New Delhi, seeking the Board to quash an order of the Deputy Registrar, which refused its application to register trade mark Sharp for its products under a particular class.

The Deputy Registrar, in an order in December, 1997 refusing application of Analog Systems in Class 9, which is for various consumable products including electric, cinematographic and computer, for the trade mark Sharp.

The IPAB upheld the decision of Deputy Registrar of Trade Marks dismissing application of the company, stating that "We find no infirmity in the ruling of the Deputy Registrar. It needs no reminding that the fundamental operating principle in trade marks jurisprudence is ‘One Mark, One Source’, which is particularly true of well-known international brand."

The order, issued by the IPAB Vice Chairman S Usha and Technical Member V Ravi, said, "There is absolutely no merit in the appeal and all the arguments and drumbeats of appellant are insubstantial and the façade of legality is totally hollow and contrary to settled law on the subject".

It added that it would appear the appellant wants to encash on the growing leisure market that includes household TV etc in India on the strength of respondent’s brand Sharp.

"The Board has to be cautious for the reason that an average person with average intelligence, normal brain power and imperfect recollection should not be misguided into believing the goods of appellants in this case emanate from that of the respondent." Sharp Kabushiki Kaisha (Sharp Corporation) is the first respondent in the petition.

The Delhi-based firm argued that Sharp Corporation has not furnished complete details of registration of his mark for he goods in respect of which it was registered and the registrar also ignored this "major lacuna", and the Deputy Registrar has "grievously erred in law and failed to appreciate the motive of the respondent".

The IPAB order added, "The adoption and use by the appellant of an identical mark cannot be regarded as honest despite strenuous legal nit picking. It is hard to swallow the adoption and use of appellant’s mark is innocent and accidental".

Sharp Corporation, in its argument said that the appellant's adoption of trademark Sharp in respect of TV booster, antenna, two-in-one and convertors is dishonest and void from the beginning.

The company, which has 66 manufacturing units in 32 countries including India, has entered into the financial and technical collaboration within India with Kalyani Sharp India Ltd holding 51% stake of the issued, subscribed and paid-up share capital. It said that its sales turn over under the trademark is $17 billion per annum.

The Indian subsidiary which has government approval to manufacture TV, VCR and VCP, TV receivers, audio products etc., posted an annual turnover of Rs 127 crore in 1995-96, it added.