The Intellectual Property Appellate Board (IPAB) has ruled that the trademark Sharp belongs to the Japan-based Sharp Corporation, with regard to electrical and electronic consumer goods. It disposed of a petition by Delhi-based Analog Systems, which was aggrieved by the order of the Deputy Registrar of Trade Marks, New Delhi in 1997 that refused application for registration of Sharp mark to the company, for TV boosters and antenna, among other electrical and electronic goods.
The IPAB bench ? consisting of S Usha, vice chairman, V Ravi, technical member, IPAB ? said that the tribunal 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 (Analog Systems) in this case emanate from that of the respondent (Sharp). ?There is absolutely no merit in the appeal and all the arguments and drumbeats of appellant are insubstantial and the fa?ade of legality is totally hollow and contrary to settled law on the subject,? the IPAB bench said.
Upholding the refusal of application by the deputy registrar, it further said that it finds no infirmity in the ruling of the deputy registrar. ?It needs no reminding that the fundamental operating principle in trade marks jurisprudence is ?One Mark, One Source?, which is particularly true of well-known international brands?, the IPAB has said. Analog Systems, aggrieved by the order of the deputy registrar of Trade Marks, New Delhi had also prayed for the quashing of the same mark from the Trade Mark Registry.