Ruling in favour of South Korean company Tageu Tec, the Intellectual Property Appellate Board (IPAB) has ordered removal of seven ?TT? trademarks in different classes granted to Kolkata-based TT Industries from the register.
The battle between the two at IPAB was set off after the South Korean firm received a legal notice from the TT Industries ordering them to desist use of the trademark TT. TT Industries later filed a suit in the Delhi court and obtained an ex-parte order of injunction, which has since been vacated.
Tageu Tec has been carrying on the business of manufacturing various types of metal cutting tools and accessories under the trademark Tageu TEC and TT, which have been sold in countries throughout the world.
Though TT Industries has been dealing with only goods falling in Class 25 ? clothing? and that too largely in respect of hosiery products, it had secured registration in all 42 classes. After the ruling, TT Industries will still hold TT trademark in Class 25.
Tageu Tec, which is expanding its business in India, is said to have been facing a number of opposition from the respondent TT Industries in respect of various applications filed by them in different classes and aggrieved by the situation, moved the IPAB for rectification of TT marks in seven classes.
The IPAB bench comprising S Usha, vice chairman, V Ravi, technical member, observed that on the preliminary issue of person aggrieved, the applicant is facing opposition in respect of all its applications filed before the registrar.
?Express provisions are made in the Trade Marks Act for cancellation of registered trademark wrongly remaining on the register… In our view the applicant herein has ?sufficient interest? to seek removal of the impugned marks,? the bench said.