Despite serving notice, Ms Kay Kay Home Appliances Pvt Limited did not appear before the Board
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Chennai: Netherlands based electronic gadget firm, Philips, has lost a battle against a company engaged in manufacturing hurricane lantern. The Intellectual Property Appellate Board, Chennai, has dismissed its appeal opposing trade mark granted to M/s. Kay Kay Home Appliances Pvt Limited, Sardar Bazar, Delhi for the hurricane lantern.
In the appeal, M/s. Koninklijke Philips Electronics NV, Netherlands submitted that the firm was one of the oldest and a world renowned group of companies. It registered trade mark ‘PHILIPS’ in various countries for various goods including radios, tape recorders, record players, electrical apparatus, bulbs, lights and light fittings, domestic appliances, mixtures and grinders.
The registration of the trade mark PHILIPS for ‘hurricane lantern’ granted by the Deputy Registrar of Trade Marks, New Delhi, to Kay Kay Home Appliances Pvt Limited, violated Trade Marks Act.
Philips submitted Ms Kay Kay Home Appliances Pvt Limited had been manufacturing lighting apparatus under the name of PHILIPS for lighting goods. It contended that this would cause confusion among the consumers. Hence, Ms Kay Kay Home Appliances Pvt Limited cannot be allowed to use the trade mark, Philips for hurricane lantern. The Deputy Registrar of Trade Marks, New Delhi on June 14, 2002 rejected Philips’ opposition. Aggrieved, it filed the present appeal.
Despite serving notice, Ms Kay Kay Home Appliances Pvt Limited did not appear before the Board. A Bench comprising Justice K.N. Basha and Technical Member Sanjeev Kumar Chaswal said Kay Kay Home Appliances had been exclusively dealing in Hurricane Lantern, which was lighted using kerosene.
“We are constrained to state at this stage that as in the modern age, the use of Hurricane Lantern by the public is very negligible”. “Both the products and consumers are totally different”, the bench added. While rejecting Philips’ opposition, the Deputy Registrar of Trade Marks, New Delhi held that word PHILIPS is a common surname / personal name in India also, the Bench said.
( Source : deccan chronicle )
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