The Intellectual Property Appellate Board (IPAB) has ruled against a New Delhi-based company's application to register the 'Sharp' trade mark for some of its products such as TV boosters and TV antennae. The move comes as relief for Japanese electronics major Sharp Corporation.
The order was issued in a petition filed by Sunil Grover, Analog Systems, New Delhi. The appellant had sought the board quash a Deputy Registrar of Trade Marks order that refused its application to register trade mark Sharp for its products under a particular class. The deputy registrar had, in an order in December 1997, refused an Analog Systems application in class-9 (consumable products, including electric, cinematographic and computer ones) for the Sharp trademark.
"We find no infirmity in the ruling of the deputy registrar. It needs no reminding that the fundamental operating principle in trademark jurisprudence is 'one mark, one source', which is particularly true of a well-known international brand," IPAB said.
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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 the appellant are insubstantial and the façade of legality is totally hollow and contrary to the settled law on the subject."
Piggybacking on sharp
It added it appeared the appellant wanted to cash in on the growing leisure market in India on the strength of the Sharp brand. "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 the appellant in this case emanate from that of the respondent."
The Delhi-based firm argued Sharp Corporation hadn't furnished the complete details of registration of the trademark for its goods, adding the registrar had ignored this "major lacuna". It said the deputy registrar had "grievously erred in law and failed to appreciate the motive of the respondent".
The IPAB order said, "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 the appellant's mark is innocent and accidental."
In its argument, Sharp Corporation said the appellant's adoption of the Sharp trademark in respect of TV boosters, antennae, converters, etc, was dishonest and void. The company, which has 66 manufacturing across 32 countries, including India, has entered into the financial and technical segment in India with Kalyani Sharp India Ltd, with 51 per cent stake of the issued, subscribed and paid-up share capital.
