The Intellectual Property Appellate Board (IPAB) has dismissed a plea by Gillette India, the Indian subsidiary of the US shaving gadgets major, for removal of two Champion marks with regard to ?razor blades for exports? and ?safety razors?, from the trademark register. Faced by a legal notice by Kolkata-based Harbans Lal Malhotra & Sons, which asked Gillette not to use Champion mark, alleging infringement, Gillette moved the IPAB.

The multinational company argued that its US parent has been using the trade mark Champion from 2003. However, the trademark tribunal has found that Harbans Lal Malhotra is the prior adopter of the Champion mark and there was no ground to remove it.

The present rectification proceeding has been a sequel to Harbans Lal Malhotra & Sons refusal for a hostile takeover bid by Gillette US. Gillette initially sought to enter the Indian market by buying out Harbans Lal Malhotra which has got a seizable market share. However, it did not materialise and Gillette floated its own Indian subsidiary to capture the market.

The IPAB bench combrising S Usha, vice chairman and V Ravi, technical member, said: ?The applicants themselves have admitted to have attempted buy out of the respondent company in 1996 which ultimately failed. The respondent is the largest manufacturers of blade in India. In these circumstances, it would not lie on the mouth of the applicant to say that the respondent cannot be proprietor of the impugned marks Champion. Everything points to the fact that the applicant had foreknowledge of the respondent?s mark.?

The IPAB pointed out on August 18, 1993, Gillette had addressed a letter to the chairman of FIPB, acknowledging that the respondent was the market leader in India in the manufacture of razor blades.

The patent trademark tribunal also agreed to argument that the respondent was the first user and adoptor of the mark Champion in relation to goods relating to razor blades safety razors. It was registered way back in 1964 and has been continuously and extensively used since then. The mark has been duly renewed from time to time and is valid upto date and according to AC Nielsen Retail Audit Data in 2005 in respect of safety razors and razor blades, the respondent was the market leader with a volume share of 46% compared to Gillette?s market volume of 9.7%.

Gillette had been served with a legal notice on June 14, 2005 by the respondent for the alleged infringement.