Charles and Keith International Pte Ltd v. Ambud Sharma & Anr.

1. The present petition has been filed under Sections 47/57/125 of The Trade Marks Act, 1999 seeking removal of impugned mark registered under application no. 4522314 in Class 09 from the register or rectification of the register.

2. Learned counsel appearing for the petitioner submits that the petitioner is a Singaporean fashion house label and a fast-fashion retailer, offering diversified products and is engaged in the business of manufacturing and trading of a wide range of products.

3. It is further submitted that the petitioner is known for its trademark CHARLES & KEITH also represented through its distinctive labels and. The aforesaid marks are also known through its universal abbreviation ‘C&K’.

4. It is submitted that the petitioner is identifiable in the minds of the purchasing public with any of the marks, i.e., C&K,.

5. Learned counsel appearing for the petitioner has drawn the attention of this Court to the various registrations in favour of the petitioner, which is reproduced as under:

6. He submits that the petitioner is inter alia also in the business of manufacturing of face mask. The document pertaining to the same is, reproduced as under:

7. Attention of this Court has also been drawn to the registrations in favour of the petitioner in various Classes, i.e., Classes-18, 25 and other Classes, including, Class 9. The document pertaining to the registration of the petitioner in Class-9, is reproduced as under:

8. This Court also notes registration in favour of the petitioner in Singapore, document pertaining to which, is reproduced as under:

9. On the other hand, it is to be noted that the respondent has obtained trademark registration in its favour in Class 09 on a ‘proposed to be used’ basis for various articles viz., breathing masks, dust masks, etc. The registration in favour of the respondent no.1, is reproduced as under:

10. The mark for which the respondent has been granted registration is, as follows:

11. This Court notes that the registration, which has been granted in favour of the respondent, is similar to the mark of the petitioner, which the petitioner has been using for a long time. The submission made by the petitioner is taken note of, wherein, it has been stated that members of the trade and general public, recognises the petitioner as ‘C&K’, where the letter ‘C’ denotes Charles and letter ‘K’ denotes Keith.

12. It is submitted by learned counsel appearing for the petitioner that the petitioner has intention to use and expand its business under the trademarks C&K, globally, as well as in India, for which the petitioner has also applied for and obtained registrations for the trademarks C&K and its variants/formatives, in different countries, such as Singapore and China, the details of which are as follows:

13. It is to be noted that no reply has been filed on behalf of the respondent.

14. Mr. Pramod K. Tiwari, learned counsel appearing for respondent no.1 submits that the respondent no. 1, has no objection if the registration in favour of the respondent no.1, with respect to Class-09 for goods, such as breathing masks, and other related products, is cancelled. He submits that the respondent no.1 is not in the business of breathing masks, and other related goods in Class-09.

15. Ms. Nidhi Raman, learned counsel appearing for respondent no.2 submits that the documents pertaining to the registration in question, have already been filed, on behalf of respondent no.2.