The Intellectual Property Appellate Board (IPAB) has removed seven trade marks registered by Kolkata based TT Industries under different classifications, in favour of a petition filed by Tageu Tec, a South Korea-based manufacturer of metal cutting tools and accessories.
The South Korean firm alleged that TT Industries, which owns seven impugned marks falling in various classes, does not manufacture any of the products falling in the said classes and has not sold or marketed a single product under the impugned marks despite obtaining registration.
The rectification application considered by the IPAB were against the trade mark registered by TT Industries in Class 5 for pharmaceuticals, Class 10 for medical apparatus, Class 18 for leather goods, Class 19 for non-metallic building materials, Class 20 for furniture and articles not otherwise classified, Class 27 for floor coverings and Class 34 for smokers' articles.
IPAB Vice Chairman S Usha and Technical Member (Trade Mark) V Ravi, in the order observed, "Even the best global brand cannot conceive of a business plan to use its trade mark for all the goods or products on the earth. That is not the intent or purpose of trade marks law. This single act of the respondents knocks out the entire claim of bona fide adoption and it is only an exercise to block the register. Further, the impugned mark is merely a two letter loose monogram and the respondent cannot expropriate one of the 26 alphabets all to himself for all times to come against genuine business competitors seeking protection for unrelated goods."
It said that the Indian firm has set up a mall in the name of TT Garments Park buying products from the open market and stamping their brand on it and sells it to interested customers and the requirement of law is only retail sale of goods originating from other companies are capable of being protected under the trade marks statute where as the company sells only its own products through the mall.
The order also said, "From the Registrar’s perspective, proper legal framework and guidelines need to be formulated to expand the scope of trade marks protection to include virtual retailers such as TV Shopping, Online shopping, catalogue shopping and other electronic media to keep abreast of changing consumer behavior and update the officials of the registry on the reach and import of trade marks statutory protection for retail sales."
TT Industries claimed that it the impugned mark is registered in 42 classes under the International Classification of Goods and Services and there is no dispute on use of the impugned marks since 1964 by the South Korean firm. The Indian firm also hold 25 copyright registrations and is in the business of manufacturing hosiery and textile goods. It is expanding business and have entered into License Agreements with many third parties. The company questioned the identity of Tageu Tec and said that it has been unable to establish that the Registrar has committed any error or irregularity in granting registration or there is any palpable error resulting in the entry being made without sufficient cause. It argued that the use of the trade mark TT by the South Korean firm, if any, are commercially unfair, unlawful and through unauthorized channels. It also said that Tageu Tec has also opposed other trade marks filed by the company.
