‘BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD ‘ORANG. OF 2020 IN THE MATTER OF: Removal of wademaik OX DETERGENT. xPERT fegistered under no, 3866682 In clags 03 in favour of TATA CHEMICALS UMITED. Bombay House, 24, Hom Nedy Stet Poct Box No. 1886, For HMurbal: 400 01 rom the feist or receaton ofthe register unr Secton {71577125 of ho Trade Marks A. 1008 Cause tie: SPL Heath Private Lined ‘AeplcanuPebtioner “TATA CHEMICALS UMITED and A. Respondents INDEX / SND. | PARTICULARS PAGE leas NO. [Dati dates te Dap Regia IPAB, Ghannal | AB (7 Songun Fae Payment Recast 7 eat aes t 3 Reetieaon 1 Cansatation Patton For as presaibos ‘under Trade Marks (Application and Appeals tothe | Inttectal Property Appelaie” Boars) Amendment | Rules 2073 va | | PROOF AFFIDAUT 2a [5 ise: Paition or Say slong aidavt a sapeor az | Rapa of exemption under Seaton 157 CFC; cor [7 Git of dosamanisTexibs aang with documents) 50-51 | [eis (Separate Page No 313), a Koeaia sKamnsn, SSURSE Yok Te Pettoweniapruicant Misiee aweat s Covmny Paraconneny itkmune nox NeW oeLet ozs Pano soasuse oases Erral uncmant@ntedpcon ated 574 of sy, 2020 . Poe New OoK.G, BANSAL & CO. HoH cou aU"REME COURT a fics Ao: 8 ced ane Powe rwie Sly 28,2020 ‘The Deputy Registrar Intellect! Property Appetate Board Guna Complex. Annexe 2nd Floor, #43, Anna Sali ‘Teynampet, Chennai - 600 018 ‘Reg: Application for removal of trademark DX DETERGENT. XPERT reghstered under no. 3985892 incase 03 in favour of TATA. CHEMICALS LIMITED, Bombay House, 24, Homi Mody Street, Post Box No. 1868, Fort, ‘Mumba 400 001 from the regster oF rectification ofthe register under Sectlon 7/7125 ofthe Trade Marks Act 199% Sis, We at on behalf ofthe applicanpsttoner RSPL Health Private Limite in the shovementoned ater ‘We ae atching herewith he above mentions petton along withthe supporting documents by way of Exhibits (Exhibit to 19} Govt. fees pald online ‘You are requested o take the same on record and proceed fre in asordance vith the a ‘Thanking you, faiths For Ms KG. BANSAL & Company (Shes¥id Kumar Bansal) ‘Advocatebharatk@sh.gov.in Government of Indi Receipt Portal [ransseion Reto, 280720005493 Dated: 28 2020 4:89§4 Jccsvd from __tR. SHRAVANSANSAL___wh Tranracton eto fporaooons33 lanes Ju.28 2020 s9PM the sum of INR 5000 {Fv Thousand Od Irouph internet based Ole payment inthe szount of APPUCATION FEE, Cancation sgl n,n, 3985892 In css 3 lowcaimer- Thi yt geet elecronc reat hence ne el seature fs rere te purpose of athentton[BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD ‘ORANO. OF 2020 IN THE MATTER OF: Removal of trademark OX DETERGENT xPERT ‘agitated under no, 3806652 In class 03 In favour of TATA CHEMICALS UMITED. Bombay House, 24, Homi Mosy Steet Pest Sox No. 1885, For Mambat 400 001 fom the feist or octcaton ofthe register under Secton {7157125 he Trade Marks Ac. 1998 Cause ie: SPL Heath Private Lied -AppicantPettoner ‘TATA CHEMICALS LIMITED an Ar. Respondents MEMO OF PARTIES SPL Healt Private Lites {10-121 (Pan), Block PAT, Fazaigr Kap Road Kur 208 072, Utar Pradesh AeplcastPetitoner Versus ‘TATA CHEMICALS LIMTED Bombay House 24, Homi Mody Sveet oat Box No. 1855 Ft Mombai 40 001 Respondent No. Reger of Tade Mark ‘Trade wares Regty ‘oudhk Sampede Bhawan il, SM. Road, ‘Mumba 400037 Respondent No2 nae SAL SK BANSAL COUNSEL FOR THE PETITIONERVAPPLICANT MISKG. BANSAL. & COMPANY. £2, SURHDEV VAR MATHURA ROAD NEW DELMI- 110.025 PANO: 25643485, $2050881 Ermal untodmark@unitepcom Dated 2 7% ay of Jy, 2020 Pie: New Detrons © BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD APPLICATION FOR REMOVALIREGTIFICATION ‘ORANO. OF 2020 INTHE MATTER OF: Removal of tradematk OX DETERGENT XPERT fopistred under no, 2086802 in clase 03 fh favour of TATA CHEMICALS UMTED. Bombay House, 24, Hom! Magy Steet Post Go» No. 1885, Fort Namba 400 001 rom tne reir ot fonticalon ofthe rapate under Section {717125 ofthe Trade Marks Ac. 1028, 4. Name of Applicant: RSPL Heath Private Limit’ 2__Addrass: 119-121 (Par), Block P & T,Fazalgan Kapi Road, Kenour- 208012, Utar Pradesh: 3, Name of Counsel and address: KG BANSAL ASK BANSAL, WSK. BANSAL & COMPANY, £2, SUKHOEV VIKAR MATHURA ROAD, NEW DELNI= 110025, PHNO: 26043455, s2050681, Ema Utosmarke@untedir com 4. Names) of Respondent a) with address ‘TATA CHEMICALS LIMITED Bombay House 24; Homi Mey Steet Poet Box No. 1885 Fn, Mombai 400 001 Respondent Not Registrar of Trade Mark Saudhik Seroasa Bhawan Atop Hil St Rad, ‘Mumba 4000o7| Respondent No.2 5, Relat laimad and relevant Sections: Removal of trademark OX DETERGENT XPERT registered under no ‘3086882 in clas 03 in favour of TATA CHEMICALS LIMITED, Bombay House, 24, Homi Mody Steet, Post Box No, 1865, Fort, Mumba 400 001 ‘rom te registro retfleaton of he register under Section ASTI of the Trade Mars Act, 100; 6 Particulars of parallel or collateral proceedings: Apple ant has fled Applian for Removal of vademark OX DETERGENT EXPERT registered under no 3986895 n ass 03 on 2207 2020,1 0 © Impugnes tademark OX DETERGENT XPERT registered under 0, 3985602 in class 08, Dato of Appicatin: 90.10.2018; Advertised n the Trade Marts Jounal No, 1876.0, Dated: 03122018, Oat of isuance of Resistation Certeate 24.04 2018; Registres in favour of TATA (CHEMICALS LIMITED, Bombay House, 24, Hom Mody Street, Post Box No 1885, For, Mumb-400 001 In application for rectification of Trade Mark: Details of Trade Mark, if any, applloirgistored: Inthe name of applicant herein. Apploantis the registered propor of TademarlLabol as etal in the 2aga785 | Washing Soaps, | Realired & Gios Power Renewea Detergent 0s 122028 Cates Toletees, | Beaching Preparations and ‘Substances fo Laundry use | ‘leaning, Potshing ‘Scouring | Seracie | | preparations, | Petumery tabla blow Evora Gis |firtotore Sense Facts of case: ‘That the Applant Is @ company duy incorporated under Insian Companies Act, 1956, having th registred offco at 118-121 (Pa), Blok P & +. Fazal Gan, Kap Road, Kanpur208012 (UP) also having Corporate ofc at €-12 & 3, PP. Towers-A.3d Flor, Natal Subhash Pace, Pitampura, Osh ‘10034, ©. “Tat the Acpicant i a pat of the REPL Group of camparies. The famty rembare ofthe Directors ofthe sal Group af Companies have ben carvingo cout the bade and business under diferent companiesbusiness enterprises with thal intarnal arangamentageement, There have been conseauental changes in the constuton and association of the conpanss, which have been bry explained inthe succeeding paras. (Go. That the Appicant is engaged in the business of manufacturing and marketing of washing soap, detergent powder, detergent cake, ish wash Bar, ‘Shampoo, Hal ol Toothpaste, Moisturzer, Shaving Cream, Laut Hand Wash, Foor Cleaner, Liquid Detergent, Tolst Cleaner ond otter slied and cognate goods (referred toa the sai business & goa) (09, That the Applcant Le RSPL Hath Private Linted, through ts predecessor orginaly conceived, coined and adopted te ade svadabelirada dress XPERT inthe year 1983 in eapect of ranutacuring ore Imarkeing of washing soars, washing powder, detergent cakes, tla, Diesching prepratons and substances for laundry use, cleaning, polehing scouing abrasive preparations, pertunery, essential ols, ha lotons, denies, (0). That the Applicant acquied the sad trademark with goodul from its predecessors, etal whereof have been given a herein below ‘A Mis Nasreera Gotage Indies, 5-658//10, naranagar, Namantapu, Hyserabad-t9 (AP) honesty and bonadely adopted the sais wade mark PERT (a word mark ann bel for) inthe yea 198 nvespect fakin of otergont for laundry uso and clearing powder and used the same in relation theta The id wademarkabol was registered in ter favour under no {1270791 in Clase-2. Mls Nesroona Cotlage ndusties has assigned the said trade marlabel XPERT to the pretent Appcant under desd of assignment dates 18.07.2013,B. Ws Kanpur Trading Company Private Lid, Incorporated en 107.12 1860 algo adopted the wade mark GHARI XPERT andlor XPERT inthe ear 2001 In respect of washing sosps. washing powder, detrgent cakes, ‘oleties, bleaching preparations and substances for laundry use, clearing, polishing, scouring abasve preparations, Perfumery, essential os, hai lotions, Ae mantoned above, the name of Ws Kanpur Trading Company Private Lid. wae changed to Ms KTC Private Lied on 27-00-2002. Thorater here was an amigamaton of Mls KTC Private Limited wih Ms Leayan Oversoas Private Limted trough due process of lw on 05-05-2008, The rame of Mis Leayan Overseas Private Lined was changed to Mis Ghar Industies Private United on 16-08-2008. Amostsimutanscusly, Sh Mahadoo Scap Industries Pt Lt, which was orginal incorporated en 2.061988, changes ts name to ont Sutactants Prista Limtad (RSPL) in une 2005 fe Ghai Industios Private Lite was also amalgamated with Mls Rohit Surfactants Private Lied on 1808-2008, Mls Roht Suractants Private Limited changed fo Mls RSPL Private Lines on 26-08-2011. Therostr, Mls RSPL Private Linitod changed to Mis RPL Lite, 1D. Mis RSPL Limted has futher assigned the trade mac XPERT andlor XPERT LABEL to the Applcant company along with goodwill and reputation having accrued thereto, Accordingly, the Agplcant company has acquired at actots incing the trademark andlor eopyaght alongwith gcodwil and reputation having accrued thereto the tademark XPERT andlor XPERT LABEL (The tem Appicant shall refer and incude ts forementoned predecessors alo)©) (Wi) That the wadomar XPERT is being used by the Applicant as word mark and in a compost labelvade dress ther indvdualy or in combination with ‘each oer, Representation of sald XPERT tadorarklabel ae as under: Boe is (uh. That from te above t's lear thatthe rade mark XPERT andlor XPERT LABEL are in use by the RSPL Group of compas since 1900 noation to sae ade and business mentioned above, Appear boon using the sale ‘rademarlabel since the year of adopton Le 1990 up to present time cents, unintaruptedy, 88 an excsve proprctr ard ouner thereat _Applean the pre and senior adopter ofthe sid rademarklel in eation to sd goods and businas. The Applicants the owner and proprietor of he sai trademklabel on account of honest, bona-de and prior adoption and (uid, That in order to aqui statutory rights, the Applicant hes fled ferent appeaons for rogltraton of the said ademartabel under the rovision of Trade Marks Act, 1909 forts salt good and business. Many ofthe ‘aid applcatone have already been allowed and some of ther are stl pending, lahicn ae tity 1 Be alowed in due couse upon competion of al formalities Detaleofaprcaton fed by the Appcant and its predecessors fr registration of said wademarabl ae given asunder: Trade Mak [Cass | Rppieaion No.) StasRepo abel [OS | TOTTaTS Regios KpedLabel [0S | 1206486 Registered PERT Label [0d [270737 Ragisored Kperlabet 08 380277 Ragateed perl /0 50GB Regios pet Label [0 TOSRE Ragisiored Keer tabet—|0 673 Ragaiared Seer (Seub 2 aT Regitores Postasey (4) That i staves that a few of the repisatons wrt Applicants ‘rademariabe! mentoned above, there may be dicaimercordtons. However, ‘he Applicant has registrations without ary discaimer conten also. 1 sald tademrldatel in an artiste (0). That the Appsant represents ‘manner incading Int getup, leterng sty, eclour combination placement of words, atte features ete, The a work InvoWved In tho Applicants sal ‘raderarkabe! original wihn the meaning ofthe Copyright Act, 1987. The ‘Appicanis the ouner and propitr ofthe coprght invoed in the ato of ‘ssid rademaiabel The copytghts In some of the artwork of sal ‘rademarabe! are slg duly registred in favour ef he Apicant. The erm sald ‘rademarabe” used inthe lnstant proceeding includes Copyright tharan (a). That he applicants presecessor and one ofthe group companies RPL Limited i tho owner and proprietor ofthe tademartabel GHARUGHAD! (wots) ‘along with Device of GHARIWATCHICLOCK (as depicted below) which the ‘applicants said group company has been using since 1855 through is predecessor in respect of the same goods businessBy the passage of time business atv ofthe Group comparios of Appicant expanded into various other goods and services vz: cosmetos, FMC, Footwear, Wad Energy, Real Estate, Dairy Products under various trademarks Including the sald trademarks (i). That he Applicant maintains highest standard of manuteture and eal of is goods bearing the said wademarabelAppcant's goods bearing the said rademarhabel are Nighy demanded In the marels on account of standard ually and pression, The said goods beating said tademarktabel are fstrbuted and sold acioss the county. Applian’ sad vademathobelis one of the faster growing brands in he FMCG market Applicants meking reat tides in the Indian Detergent Industy under the sai rademarkabel ara is curey ranked as largest brand inte category with move than 16% merit share and is sirvng to Beter Ae poston by constant endeaver Appcant nas acneved 2 turnover of more han Rupees 1840 Groves dng 2008-10 tem 2 mere tumover of Rupees 1.29 Crores inthe year 1866.9 than average grow ate of 15 16 20%, Appicant has alteady bul up a handsome and valuable Wade thereunder® -benuene (i). That the Applant has been contnucusly advertising end promoting is sid tademarlabelthaugh diferent means and modes incsing ‘trough pit and elector media Le. by way of extensive advertisements in ‘aonal newspapers, magazines end vaious prominent nstenal TV Channels ‘te, Applicant has ato been advertising the said wademarkaba though various other means Ike headings, pay boards, dsrbuton of wade erature, ede ovate, et, Appicant has spent substantial amount of money onthe put ofthe sid rademarkabe, Applicant entered ito an agreement wih famcus ‘and eminent fm stars for promotion and advertisement of tho Applicants salt (0h) That withthe advert of internet and e-commerce the Acpicant has ‘been esplying ts ald product under the said tadomarklabel on the internet tivough ts web ately wn gharidtergent com adh Haw xpertdshwash com. The sad websites of the Applicant contains ‘extenv information about the Business & goods provided by the Applicant under its sid rademarklabel he sereen shat fhe Aspcants sad web sit is being reproduced as herein below:“The id websta has hundreds of thousands of vis from people looking for ieraton onthe Appleants innurarabie and wide epecium of busines enc ‘sores, The Appcants using the sald domain name not only to display its said roduts under te sald raderarklabel but also using as 2 tole cary out is business thee under. The aa domainname of he Applicant i itractive in nature. The Applcant has been using he seid Domain name in course ‘and at proprietor thereat globally in elation tot sid goods and business and his bit up @ valuable trade, ood! and reputation thereunder, Aoptcant's ssid goods and business unde the sald vademartlabel hes vary extensive presence on onine market places and social mada webstes such as® ips ww amazon in ios sw iniamart com hitps:Iwar hgbasket com hts ier com ios tne youtube.com, hipsinwn facebook com’ et. (ww), That in consequence of the above mentioned pubcly and aévertzement and also having regard to the excellent quality and high standards ‘ofthe Applicants manufacture and extenave sle, Applicants goods bearing the said tademariabel enjoy sold, enduring and frst class reputation in the raels, Applicant's said tadamarifabel has already become dstnctve inscum of the Agplcant and Applicants goods and business. The said vrademarklbel has scquted secondary sgnteance dencting the goods and business ofthe Applicant. The pubic and trae associat idntty and atngush the said rademarkabel with the Applicant and Apoicants goods and business sone, The sald tademarfabe has bocome well know within the meaning of ovsions of Section 2 (1) (2g) and Section 11 othe Trade Mars Act, 1099. (ow. That the Applcants said goods and business under the said traderarkliael are lal in character and the Applicant cares on A said ‘pods and business thre under across the county and several ther countries of he world whore the Applicant's said products under the said rademartdabel se commercialyavaiabe, (ov, That the purchasing pul, the wade and the pubic a age in India, aceite deity and cstnguish the sa vaderavtate andthe goods land business thereunder wth the Appicant and from te Applicant's source and origin alone. The Applicants said goods and business is dependent thereon, Applicant's said rademarlael has area bocome distinctive and associated withthe Appleant. Applicant's eat goods and business thee under are highly erarded inthe markets and have acquired a vast reputation thee unde. The@ seid tademarlabel has soqurad secondary sgnfcance denoting the sad geods and businass ofthe Anpcant and is recognized withthe Aopcant lone al, That the Applicant mantains the highest standards of manufacture and trade and ineste encrmous amount of money and effons on Research & Development actives for ther goods under the said tademarklabel, The Aopleants said goods ate manufacked and traded under stiet quay spactiations of a vary hgh ore, which are soupuiusly maintained. The [Aspleant has alo been constantly upgrading ther facies in the ght of ‘echnlogcal advancements. Applicant's goods and business hes scquied vast gecdwill and reputation under the said vademariabel. Applicant has been ‘expanding te goods and business thereunder to iferent geogranhial epons (ot. That the Applicant 5 the owner ané proprietor of te said ‘rademariabel bot under the stauory a well a under the common fw in retin otha aid goods and business. Appican has been ining legal actions In nda beth by way of Cl Sus and Criminal ations in the Cours of aw as ‘wel as by way of ing Oppostons. Canoolatons and ether appropriate remedy befowe the quasi jdosl forms as presesbed by law against pate Uuselappleatonregistatons ether vations of the Applicant's right inthe said ‘wademarfabel by unscrupleus traders ard rival fms, The afore mentioned ‘ight of the Applicant in relation to sal goods and business under the said ‘radamarklabel has been recoprized by various courts ining Hon'ble High cour of Dat (9), That the Applean’s said goods end business under the said lrademarklabel has scaules the status ofa high qulty product oginatng cxclusvely rom he Appleants soure and Org. On account of extensive al, ‘averisement coupled wih quaty contol mainiained by the Applicant forts aid goods and business under he said rademarklabel he sa vademarabol hasoO seer ct cm ea to ug te 20 9 Se Trade Marks Act, 1990, (2). In vinw ofthe above nobody can be permited to use or deal with the samelsinlar tedemalabel site as a trade mark orn any other manner in relation to any oftheir goods and business wrhout the eave and conse of the Applicant. (ci). That the Respondent No engaged inthe business of manutctunng and marketing of Non-mesiate cosmetics and toler preparation; nonmadoated anufnees; artery, eesental ois; bleaching preparations and other substances for laundry use: cleaning, pobshing, scouring and abrasive reparations (Hersinafier refered to 2s Impugned goods and business. ‘Respondent No2 is a perfora party (ci). That the last week of September, 2019, the Applicant while raking a random seatch on the website of Trade Wark Registy le ee published in Trademark Journal No, 1620 dated 2809:2010 for publ objection From th eid advert i lar hat he Respondent no.t hat apa fot regitvaton of he same for Non-medicated cosmetics ad tlety preparation rnon-medested dentroes;perfunery essotal ols; bleaching preparations and other substances for laundry use: cleaning, posing, scouting and abraeve preparations on 16122018 as proposed to be used under application no. 4030559 case 05, The Applicant mediately on 03.10.2019 fesuedcoase and desist notice fo the Respondent Respondent seta reply tothe said coaso and ‘dees notice on 16:102018 denying identivsimiarty in competing ‘eademarksfabels, nthe aad reply Respondent has also stated that t has region of rademark DX DETERGEN EXPERT under ro, 2088803 In class05 (impugned registered trademark) and applied for region of rademark TATA OX DETERGENT EXPERT (word mark) under no. 3873687 in class 02. Respondant ins reply says that the “words” Detergent and Exoert are used together to deserve tho prod efeacy andthe same in ne manner used as 8 trademark, However, facts romaing thatthe Respondent has not csimod disclaimer of those word init eptvatlon/appcton further scam doesnot 0 the publi at age, Applicant, Inmecataly upon coming to know the above, fied Notice of opposion against the sald eppcaton no, 4030850 on 19110:2018, Appicant thereaer made a seach inthe markt ofthe impugned pods of the Respondent under the impugned trademarklabl but could not found the same Inmesdatey. However, Appcant inthe lst wook of Jaruay, 2020 came across the mpugned goods of he Respandent under he impugned tradomarklabel In the masts of Delhi Applicant on 2207-2020 fied Cancellation Peiton for removal of radomark DX DETERGENT EXPERT registered under no, 3886855 in class 03 fr liquid detergent, power detergat and detorgont cake fo laundry. Theater hile going trough the fle, applicant noticed thatthe respondent has made passing reference of epoliation for ragistaton of tademark DX DETERGENT XPERT under no, SO8S802 in class 03, Upon making onine seach, was found thet the trademark OX DETERGENT XPERT has aad been ragitred in favour ofthe respondent 10.1. From this dishonesty and malaide ofthe respondent in adoring iertical wordmark XPERT as that fhe Appcants is proved beyond doubt (at) . ‘That tis state that he respondent has dishonesty and malarde ‘opted the impugned. wademark DX DETERGENT XPERT wich is ldentlcalsecaptvly mar tothe sai rademarivlabel of the Applicant and got the same registered ints favour. The respendantis not he owner and propritr ofthe impugned registered trademark in respect ofthe goods fr which he same |s registered in thelr favour On the basis of mpugned registration the respondontls causing gest sto the gone and reputation of he eid vademartabal ch the Aoplant nthe above ckcurstances the applicants “person aggrieved by the impugned registration. Being aggrieved by the impugned registration, the Aaplcant is fing preeent Cancollaon Potton and aso taking aporoprite stops to resin the use of mpusned tademarab! by the respondent by fing Cl Commercial Suit. The impugned repeat is Eable tobe cancel onthe grounds mentoned bein, 40. Grounds on which ais Sought for in ble Following are the grounds whch ae tobe akan inthe atornatve and wihout prejudice teach othe frre sought nthe proton patito: A. BECAUSE Respondent has dishonesty and male in over to take ‘advantage of the vast goodwill and rputaton of the Applicant in the sai \raderariabel XPERT adopted word ‘XPERT' as essential parteature ofthe impugned wademark, BECAUSE word °KPERT’ foms materi and essential feature of the lnpugned registred tademark and the wordinark XPERT is decently simiar tthe Anpcante eid radomarklbe! XPERT. ©. BECAUSE impugned registred trademark adopted and alegedy now bing used bythe Respondent in elton to ts impugned goods and business is lcentcal wehidecopWely similar to the Applicant's said tademarklabol. The Respondent adopte the impugned tademark only with a view to trede upon the tremendous gooduil and reputation ofthe Applicants said trademark, BECAUSE the said vademartatel ofthe Appleant has song and {gooduil and reputation in India and the use ofthe impugned trademark: by the Respondant in elation fo impugned goods and business does amount to unice) ‘advantage an is detimental to he dine character and rapue of be said trasemarklabel ofthe Applicant. The user bythe Respondent isin vltion of proprietary right ofthe Appian n the sad trademavklabe! and goodwill and reputation tached thorto. BECAUSE the Respondent is not the propitor of the impugned trasemark and has adopted and stared using the same as a tademark in ‘elation tt eamesimiar goods and business and are otherwise deang wth it In the course of rade wthout he leave and lense ofthe Appcat. BECAUSE the Respondent by thelr impugned sdoption and user of the impugned trademark violating the Applicants sai trademarklabel and passing Cf and enabling otters to pass of thelr goods and business as thosa ofthe ‘Applicant a wel ae dung the Applicant’ propitary gts therein 6. BECAUSE Respondent was fully aware of ought fo be aware ofthe ‘opicants rah, good, reputatons, benefits and users ot. nthe Appears ‘9 ademarivabe atthe ine of impugred adoption and use ofthe impugned \raderark The Respondents impugned adoption and user thereof i ante at Inception and is a pate us. H. BECAUSE the Respondent has adopted and stated ung the impugned ‘rademarkdahonest raudulety and ou of posve greed wih a view to take ‘vantage and to rade upon he established goodwilrepstaten and proprietary Fights ofthe Applcantin the Appian’ sad rademarklabel, |. BECAUSE by adoption, regeration and use of the impugned trademark bythe respondent deception and confusion nthe market is ensuing ois kay to s0 ensue and Yemendous geodwil and reputation of tha Applicants said trademarklabel gots serous etd and eroded® J. BECAUSE the respondent slates using the wademarks TATA OX DETERGENT EXPERT; OX DETERGENT XPERT and OX DETERGENT EXPERT ae wordmark an in ast label orm wih device of GHADI Watch) in resto to impugned goods, The made and manner of reprosentation of tho impugned trasemakliabel proves the dishonesty and malafde onto pa ofthe respondent, Representation of impugned tademariaba is s under K. BECAUSE by dshonest and maifde adoption, registiaton and use of the Imougned Trade Mar in relation to impugned business and goods by the respondent, the Applicant is suring tervendously in business and gocdl ‘The guns of the Respondents ss ofthe Applicant BECAUSE the Applicant is the registered and exclusive ower and proprietor of rade mark XPERT label whatcin the word XPERT forms mater and escent part cbtaned by th respondent fraudulent, malafige and on fate cain, assertions ‘and documents by wil supprsio veri and suggesto als all of whlch amounting to fraud N. BECAUSE the registered proptictor adopted the impugred trademarklaeel iehonesty and malafde. It was ‘uly snare of the 2eplcantpttioner's proprietary rights in he sid ademark a he te of ling the apoeston fr registration fhe impugned irademarlabe@) (©. BECAUSE the impugned trademark in relation to the impugned goods eee ee ee ee ‘he appicantpetiones sad Wademarkalite! and commen rade channo. P. BECAUSE the impugned repstvation offends the provisions of Seton 8 11,12 and 1 of te Act atthe te of fing the application fer relsation and ‘toon the date of commencement ois action. (2. BECAUSE the registered proprietorespondentno.t i nt the propritr ofthe impugned tademariiabel and isnot ene to registration thera R. BECAUSE the impugned vademark has not acquire any distinctiveness us tho registred propitr. The impugned trademark wasis not cstncive of the impugned goods ofthe regtered propor at he time ofthe grat ofthe impugned rgisaton and algo athe te of commencement his action. 'S._BECAUSE in vew of pray in adopten and extensive use coupled wth quality convo, the applcantipettioner has scoured vatt goodwil under the ‘7. BECAUSE on te basis of impugned registration he respondents ase Claiming tobe the proprietor of impugned trademark and is causing great ss 10 ‘he goodal and reputation ofthe sid trademarkfabel ofthe pttoner. Thus the applcanpettoneris parson aggrieved bythe impugned registration U. BECAUSE the said trademarsfabe! of the petoner are the most prominent and valuable traders ofthe ptitoner of which the ward mark PERT fe the essential feature, Ptioner ie the proprietor teretncucing fs copyright as also of ts good and reputation under the statutory and comranlaw and the impugned trademark has been adopied to cash in on the tard ‘eared goodil an reputation of the peftonerin the sald trademarks V. BECAUSE Applicant has excuse sight 16 the said rademlebl and nobody can be pormited to use the same or any other deceptively simian radomarabelcopyrght spectcatin of goods or servces without the leave and cent of he Pettoer. eto in any manner whatsoever relation 1 any Vi. BECAUSE the respondent no 1 it nthe samelimisr business as that of ‘he appicantpetiioner under the impugned tademark and the impugned trademarks ental wthidecepvly simi to the pettlone’s said wademark X.BECUAE Pettoner is aggraved by the impugned registration as the respondent i alsing false defence nts reply to lagl netic. Reependant nts reply says thatthe Words" Detergent and Expo are used together to descrbe their produets effeacy and the same in no manner used as a trademark However facts remain thatthe Respondent has not lied declarer of those ‘word in its registaton/ppleation futher dicaimerdoos rot goto he public at lage Y. BECAUSE impugned trade mark fas to enty the impugned goods of tne respondent 2 BECAUSE impugned rgistraton is bared by Secton 8, 1, 12 and 18 of Trade Mark Act, 1960 ZA. BECAUSE the respondent fs wthoutprjusee ang fatal engaged a ‘eading deceptively and is pursuing a poley of delberaing deceiving the purchasers ast the origin of goods vs avis he petitoner78. BECAUSE the respondent obtained he mpugned repetation wih a Vow 1 cash in on the temendous goodwill and reputation ofthe said trademark LXPERT scored in favour ofthe pettioner on account of long continuous and ‘extenve use couple’ wih exersive sland ually convo wh a vew to dane ial gins ZC, BECAUSE there ae no special creumstances or any cher factor which ‘ests In favour of the respondent, on the basis of which the impugned registration may be sustsined 2D. BECAUSE impugned reistraton is voit-abintio, ZE BECAUSE the enty persining tothe impugned trade mark rgistaton has been made in and exts onthe Resistor without suficiont cause and is ‘wrongly remaining onthe Regis ZF. BECAUSE itis Inthe interest of the purty of the Rapier that the impugned entry be removed ZG. BECAUSE petitoner isthe person aggreved by the impugned registation and iin he itoest of justice, equity and goods conscionce that he present spplcatonypettion te amet ZA, In view ofthe averments made inthe accompanying statement of case, the pettoners "persons agroved and can maintain &instute is acon ZL. The patoner eaves leave fom tis Hon'ble Bart to eer an ly upon the avements made inthe accompanying statement of e386, which may be consdored as part and parcel ofthe instant statement of grounds, which are not repeated hore forthe sake of rey.(@s) 124, Such atner ground oF grounds, whieh becomes relevant atthe time of hearing with leave ofthe Honble Boar. 11. Details of fees: Govt. Fe is being paid onine. Proof enclosed 12 Prayer In iow ofthe abovernentlonedfactaltatement of ase andthe abovernentaned sounds for revocatonlcancelatonaciicaton, tis most respect prayed thet this HonbleBoaré may Kindly be pleased to ()remavaleancabospungedtecity the erty. pelaing to impugned trademark OX DETERGENT XPERT registered under no. 2096902 in cls 09. [Any oer reli) whic a and proper nthe facts ac ccumstanesinclaing ‘an oder or oss ofthe procening to aplcant prayed coring wet ‘oan ‘Trough Me Manoj Sear GK Legal “Trough U XG. BANSAL & SK. BANSAL ADVOCATES FOR THE APPLICANT MSK.G. BANSAL & COMPANY 52, SURHDEV VIBAR MATHURA ROAD New DELHI= 110.025 PH No 26842465, 92950808 mai untedmon@untedir com NeW DE DareDst o7 2000, 13, Afdavitn suppor theret :Annexedmono uo CF nmr then ap! att e-Stamp ‘anc 227 raceawiars\exbE W/O. sre. Py Srey Ane) ‘BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD ‘GRAND, OF 2020 INTHE MATTER OF: Removal of tademark OX DETERGENT _XPERT registred \rderna,Se868001n cass G3 nt name of Yaa Ghemcala Larted by ROPL Heain Pte Lmtd ‘dav of Mr. Mane) Singh, 2904 about 3 yar, Slo Late Stree Suryathan Sgh lo 12735, Wt, Saket Nagar, Kanpur 208014, presenta New DaAFFIDAVIT eS [BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD RAN. OF 2020 IN THE MATTER OF: Removal of trademark OX DETERGENT XPERT ‘gitered” under no. 2086892 In class 03 in favour of TATA CHEMICALS LIMITED, Sombay House, 24, Hom Mody Stet. Post Box No. 1865, For ‘Mums 400 001 fom tho register or rocifleaton of te veer Under Secon {7167725 of the Trade Marks At, 1098, SPL Healt Private Lito ApplcantPetener ‘TATA CHEMICALS LIMTED ana A. Respondents AFFIDAVIT Affcavt of Mr. Manoj Singh, aged about 38 your, Slo Late She SSuyathan Singh, Rlo 12785, W4, Saket Nagar, Kanpur208014, presently at New Dati | the above named depanent do hereby solemnly afm, declare and say ss under 4. That 1 am the OGMegal and so the euthanized sgnatoy of the -Appicant company | have been authorized by the Applicant company ofl the instant AoplcatonPetion, sgn and vel the plescngs, depese to the acs of ‘ne case and to do all thor actions necessary for he conduct of the instant proceedings vide recliion passed in my favour. Even atherise | am wall ware ofthe facts and ceurstanees of he instant Patton. | am competent to wecr thi fda 2. That he accompanying removaltectfcaon patton has bosn dated by ry counsel on my instructions. | have read, undestoed and signed the sae. | sy that he fats fhe cas os det are te and cect 0 my kg ned in Para 10 (A) to 2)‘10 tue on logal advoe, Oterparagranhs are formal paragraphs. | have net suppressed any materal acts 3, That n support ofthe removalectilcation pettion the appcant is fing ‘documentary evidence as pr the tof documents slong wih evidence fait “The said documentary evidence o far a8 the same pertains othe applicant and ie pradacassrs ar tre copy of her especveoiginel wf S them” | a i. the above named deponent do hereby verity that the contents of my above fda are ve to my knowledge and boli. | have not suppresses any materia fac. Dated tis say of uy, 2020 Pace: New DehINDIA NON JUDICIAL &) Ss Government of National Capital Territory of Delhi e-Stamp a Inpsocnovarsioxbewo. ou Pees = i TS aoe ‘BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD ‘ORANO. OF 2020 IN THE MATTER OF: Removal of tadematk OX DETERGENT XPERT registered Under no, 9988882 In class OS in favour of TATA CHEMICALS LIMITED By REPL. Heats Private Lite AFFIDAVIT ‘Affidavit of Mr. Mano) Siogh, aged about 98 years, Sio Lato Stree Suryathan Singh, Rlo 127/85, Wt, Saket Nagar, Kanpu-208014, presently at New DetSe [BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD. ‘ORANO. OF 2020 INTHE MATTER OF: Removal of trademark OX DETERGENT XPERT ‘ogitred under no. 3086692 In clase 03 In favour of TATA CHEMICALS LIMITED. Bombay touse, 28, Hom Mody Steet Post Box No. 1885, For Mumbat 400 007 rom the register or recicaton of te rogistr under Section ATIS7I25 of he Trade Marks Ae, 1096, Cause tt SPL Heath Private Lines ApplcanuPettoner Versus TATA CHEMICALS LIMITED and Are Respondents Act of Mr. Mano} Singh, aged about 38 years, Slo Late She ‘Suyabhan Singh, Rlo 127/35, W4, Saket Nagar, Kanpur-208016, presently at New Det | the above named deponent de hereby solemnly afm, declare and ey asunder 4, That 1 am te DGMLogal and also the authorized signatory of tho Applicant company. Ihave been autnozed by the Applicant company t fle the Instant ApplcatonPetin, sgn and very the plescngs, depese to the facts of the cave and to do al ether acone necessary forthe conduct ofthe instant proceedings vide resolution passed in my favour. Even ctherise | am wall sare ofthe facts and cicurstanes of he instant Petion. | am competent to ‘ear this ico 2 Tat the Applcant is a company duly incorporated under Indian Companies Ae, 1956, having ther ogstore oe at 116-121 (Pat), lock P & ‘, Fazal Gan, Kale Road, Kanpur208012 (U.P); alo having Corporate office st 012 83, PP, Tome Be 10084 ai Subhash Placa, Ptampure, Dai SD3. That he Applicants @ part of he RSPL Group of companies. The fay ‘members of the Dractors ofthe said Group of Companies have been caring cut the trade and business under diferent companiesbusiness enterprises with ‘hai intarmal strangementiagreement. There have been consequental changes In the constitution and association of te companies, wich have been bry explain inthe sucoseding paras. 4 That the Applicant is engaged in the business of manufacturng and rmarksing of washing soap, dtergnt ponder, detergent cake, dish wash Bar, Shampoo, Hair ol, Toothpaste, Mostrar, Shaving Cream, Liguié Hand Wash, Foor Cleaner, Ligud Datrgent, Toit Cleaner and ober aled and cognate 00d (ferred to asthe said business & goes) 5. That the Appicant ie RSPL Heath Private Limited through ts prosecessors origin conceved, coed and adopted the ado rmarkabelirade dros XPERT inthe year 1988 ln espect of manufacturing and marketing of washing soaps, washing powder, detergent cokes, totes, Blesching preparations and substances for laundry use, cleaning, poling scouting abrasive preparation, perfumery, essential ls, hai ltons, denice, (8. That the Applcant aoqured the said trademark with goodwill fom its predecessors, etal wnerect have been given as herein belo ‘A Mis Nasreena Cotags Industies,3-6.55//10, Indranagar, Ramantrapu, Hyderabad-t8 (AP) honesty and bonafely adopted the said rade mark PERT (a word mark and in lel form) in he yer 1993 in rexpect of alknd of detergent for laundry se and claning powder and used the same in eatin thereto, The seid trademarisbel was repstered in their favour under no. 1270781 Ci £3. Mls Nasreena Cottage Industios has assigned the said tale matt XPOR t age under deed of assignment My Spay “(ante | ‘on Serpe Ax BRS dated 1507-2018,oF B, M's Kanpur Trading Company Private Ltd, incorporated ate 07.2180 abo apd he vate mark GHAR XPERT andor XPERT in he Year 20% in respec of washing ems, wasting powder cakes, ‘seis, Becting eparon and sbsaces fe ay ue, cing posing. scouing brave preparations, Pema, eter hao setirces ©. Ae mentoned above, the name of Wie Kanpur Trading Company Private Lid. wae change to Mls KTC Privale Lied on 27.08.2002 Theeater there ‘was an amalgamation of is KTC Private Listed wih Ms Leayan Overseas Private Limited through due process of law on 05:052005, The name of Mls Lonyan Overseas Private Limited was change to Mls Ghat industios Private Limiod on 16-05-2005, Amost sirutaneouly, Sh! Mahadeo Soep Industries Pat Ld, which was oni incorporated on 22.08.1688, chenged is name to Ronit Sucactants Private Lined (RSPL) in June 2008. Mls Gres Industries Private Lit was aiso amalgamated with Mls Rot Surfactants Private Limited fon 1308-2008. Mls Ronit Suactats Prbate Limited changed to Mls RSPL Private Lita on 26-06-2011, Therealter, Mls RSPL Private Limited change to Mls RSPL Line, 1D. Wis RSPL Lmtea nas runner assigned tne vade mark XPERT anclor XPERT LABEL to the Appicant company slong with goodwil and reputaton having accrued thereto, Accorsingy, the Appicant company has acquired all assots incuing te trademark andlor copyright alongwith good! and reputation having accrued thereto In the tademark XPERT andlor XPERT LABEL. (The tem Agpicant shell ‘eer end include ts aferementoned predecessors alo)@ 7. That he tademark XPERT i beng use by he Appicant as word mark and in composte lettuce ates eter individual or in combination wth each other, Representation of sid XPERT tademarklabel areas under 8, That fom the above, ts ler thatthe ade mare XPERT andlor XPERT LABEL ao in uso by the RSPL Group of comparios since 1980 nelaton to said ‘eds and business mentioned above. Applicant has been using the sad ‘raderarklatel since the year of adopten Le 1880 up to present tine ‘comtinsoualy, unitamuptedy, as an excusve proprietor and ouner thereat _Appcant is the pir and savior adopter of he said rademarklabel in elation to si goods and business. The Applicant is the owner and proprietor of he sais ‘rademarilabel on account of honest, bonaide and prot adoption and 8, That in order to aoqute statutory cg, the Applicant hss fled dierent ‘application fr relsvation ofthe sald wademarabel under the provisions of Trae Marks Act 1998 for ts said goods and business. Many of the ssl ‘applications have sesdy been alowed and some of them are stil pending, hich are fel o Be allowed n due course upon competion ofa formalities, Detais of apatons fled by the Applicant ands predecessors fr rgisraton of said wademariabe are gven as under [Tage mae]| XPERT Label [03 / 7270737 ‘Registered etary na ope ‘part Labal [03 /2838785 Ragatered 10. That i is stated that a few of the regisaions wrt Appicant's ‘wademariabel menonod above, there may be disclaimer conditions, However, ‘the Applicant nas registrations without any isclamer conn also. ‘47. That the Applicant represents its rmanmer including ins getup, eting sive, cslour combination, placement of words, arte features ate, The at work involved in the Applsants sold ‘vagemariabel is eniginal wihn the meaning ofthe Copyright Act, 1087. The Appa isthe owner and propitr ofthe copyright involved in he ate of sald vaderarfabel. The copyrights in some of the artwork of said ‘rademarlabe are also duly regitredn favour of the Apcant. The erm ‘sald ‘rademaraber' used inthe instant proceeding includes Copy tern, 12, That he applicant's presecessor ard one ofthe group companies RPL Lites is tho owner and proprietor ofthe ademariabel GHARUGHAD! (¥o%) ‘along wit Device of GHARUWATCHICLOCK (as depicted below) which the applicant's said group company has been using since 1855 through is predecosorin respect ofthe sare goodsfbusness,2y the passage of ne business activ ofthe Group companies of Aspicant expanded Into various other goods and senices viz: cosmet, FICE, Footwear, Wind Energy, Real Estate, Daky Products under various vademarks Incuting the sald ademarkahabel 13. That the Applicant mantis highost standard of manufacture and sale of its goods bearing the said trederarlabel. Appicant's goods bearing the said trademaridlabel are highly demanded inthe markets on account of standard ually and precision. Tho said goods boating said trademarklabel are stbuted and sold acoes the country. Appicant's sad tademarkielis one of the fastest growing brands nthe FMCG market. Applicants making great strides inthe Indian Detergent Industry under the sai rademarkiiabel and is curenty ranked as largest brand ints catogory with more than 169% marketshare and is srg 19 Deter ts positon by constant endear. Appicant nas achieved @ turnover of more than Rupees 1640 Crvee during 2000-10 rom a mere turnover of Rupes 1.30 Crores inthe year 198889 with an average growth rate of 15 to 20%, Applicant has already bit up @ handsome an valuable ade thre under-EebGuea 14 That the Applicant has been continuously advertising and promoting ts si vademarkabe tough diferent means and modes incuting through print and ladtonic media Le. by way of extonsive advertisements in national newspapers, magazines and various prominent national TV Channels et. -Appicant has also been advertising tho sald trademarlel through varous citer means ike hoatings display boards, distbuton of trae iterate, ade rnovetios, ete. Applicant has spent substantial amount of money on the pubity of the seid trademarklabel.Appicant entre into an agreement wih famous and eminent fim stars for prometon and advertisement ofthe Applicant said 16, That wth the advent of intemet ae e-commerce the Applicant has been — 7 e : COPY TO COPY 4,26) 24<0 - | xpete 1 eer a L }s200 ape) | | rot Se ee | | = a a af oe won COPY To. copy oe‘iat ot socio — : of on : {9 Yoee q iG 7 in COPY TO COPY 5 me: lavoice xp oss0emnyolee 82 noses al Bey air 2a Bea hy iat 7 iEavetoe xe o/eata 2Rohit Surfactants Pri ‘ate Limited ‘a Det ttade ar + Reg. Oto hbase oe ; 08 ewe SEE aes sani eg acior | a 4 ae ais jaye: WuBee |Itze Gib agg | Sayer | el, ice[mse be lage ie wes le (Baie—s © + Orne ca ee oe; erie mre = @ | Genet oo aa ic nn as ager ole ioie BR eee ais cam naeSSE . 0 Qe su SCTE Eeer a D)be ® .e.., a somninen3)Bets &)Face mcdmerinoEXHIBIT = 4, Wises i te hen seedy Rei’ of Te Mu 126 of ade ‘Mass Hee 207 fr ermine 0 Walenta as ne She ‘nd acne of tue nl per ote aca, Regi te ‘at ebony fn, om peal pice ne be all i sodas oe ovo afnie 2 (foe Fase ar Rls, 29, ‘Thee bein om eel puis sy, ie bee he doin @ Seen ech te oie vem dg tne sons (Sy wie te ped of 30 dete be opti oe Rew a Te Mais a Tae Nik Hepity, Musas, Buh Gnade Buses, $1 Roas Acoy Shit ofvadar groped ec et of Wal owe ade = ae oo) aa ‘ 3st | FORBES HARSHA [Re asia ae Tag) coo hanes» our steer ni aon |S | miu Sut, =e ‘tity sao ed =r wae | Sic aT ei pr ay ud Sol Reta igh ou e Estos [Romns aci =r aemzan —— Foran re — : [amt toe een ap | Peer eee: Of loge Vo Lek Rot | ‘edna Gaon o Sea, Eat | Clas | ie eae Sp scopes‘Trade Marks Journal Ne: 1942, 2402/2020 / Wa eur os ben wy Rep of Tae Mats i 126 Fae se : ules, 207 tr deraono Wel Kou fas eer tse ofa ‘eae me in wen pn nam ate ‘she ein Mat) a i Nowa and se Sede ade tos me ‘St ot wettow eaconara ee aan = SNe os aS pos 2 wee 1249) hour 925 td 01 0 ne dasa le i ‘Stef l-kawn asa, 9 ee Tae [ape ar ap com pe NOME seg | sein re, isi espe ofr nich) be arr | a a ES onscie | Sade uy abuse Reais to sewesk comps | She Calne, Mcars stu, sevice anf Uns'Saesstamesr | aT Sia Was Cora, Teksuka-Cho, ie | sie) | ance Mora, | fe iced nbn ape Nn, el PSs, “Bie Sr ha ol Po. Nel | NA, a | Pema | Meal Tac at ‘arian he ature | fetes. ‘Tain, “Emm gst, ts, ran fy ea oi ed eee ‘AMRICANTOURISTER | Sambo IP Kaldsags 5.81, ipa mmc win seas En ati nae et sola or eters B Boom ‘cnoMPTONna Fonoessansint | | ene coaon fr poco sep Niet aa Be 7m Moaaaa Taree Tae | Reng So et ar Home 3 Sawa aaa Mero Sade (Toe Fe OU No 248 ames © els of| Nett Roypeah igh owt earn og eRe msc Pace | Saowloge Hoos Sym Nop, | Reba wa sr. OO dpe Vio in| Read, opts Et) ie rr PORASE | | Reig t sponses, aut | NOP 5] aa Bs Si, Taine, sr, plo Ac, | Scossresamoqigeris 7] aT [PLE @ Tiviat Pum, Bk, | Ele Raph Rese | at ann oder | Ponte, deere ce sano, | | fir ci, teotigae, st, | ‘Sevag cam gu fan ra, rohan be etre ‘Saran trae en on pos 5) aa came Sa a Ca sow toanng Heo) eam sila ‘boats, motorized wheelbairn, |sty eee ee os al: mesmasgringpe meaunececon @ ester 92018 2 REGISTERED AD, “ata Sone Prat Limses Bomay House, 2etHom Moe Stee, ivumba400 003 Reg: infringement and passing off uncer the Trade Mark EXPERT and ‘eve of GHADL ate ear i, We have instuton fom our lens Wis RSL ean Pt, is, ans - SPL Limos, 119-121 (Pat), Block P&T. Fazagan| Kap) Road, Kano ® os 012" Utter Pradean (erinaer refered to as ROPL & our cient) To {puree you uae he folowing sroumetancc! +. Ouretens, as you ate wall avare ata tho established business inthe ‘ald of washing soap, washing powder, detergent cakes, lets, leaching Proersions ta sotsanees for andy use, coanig, polishing. seo. bret preparsions ana ster rites Goods (neeraiet refered io se he Ea goo) and have been using the age marks XPERT 2nd CHAD! ‘aspect htea! 2, The mark XPERT is exterstuely uses by our cients at eat rm he ear ‘985. The mack GHADI with Devca of Watch nat been eorinvusly t ‘eed by ou lent trough ther prederascrs atleast from tne year 1955, ‘Face thank XPERT and GHAD! of cur tes are depletes bale 2 a3 bt he above rade mans have become dcincve sn sesoiated wth the aforesat goods on acount of fe lng cortracus & serene oes Meret Mark XPERT & GHADY our Sen some ese These forthe brand XPERT for te yar 2048-2619 nthe eke Of 98 0108 and advertisement cxparens inthe exoeoe of 16 tes Sess e ‘ho brand GHAD forthe year 2018-2019 inthe excess of #00 cones ano overtseent expenses tne exaeas of 76 cots, 4 gpinat the trade mack XEERT and GHAD! of out clans ate duly ‘ogistred in vaous eases incudng ease 3 uns the prvisons of nase, Trade Marks Aci. Our clenis rld humerous copyrights regetatone for arise feature inthe mark PERT and GA) 5, iit ofthe atoresis, out clans have excuse rights te use te a wade mart under Sechon 28 and 2 onan Trade Warks ct and therfore iis not possi for anyone ee (o make Use ofthe so inde as or any otter ade marie conuainsly smart the sane mito 8. _Racenly our cents ave come to ow that you have aptes and flaied using the trade mark TATA DX DETERGENT EXPERT Label wih Devece of GRADY (WATCH) and he Labels depicted below335) ey te 7. __gled EXPERT and Device of GHADUWATCH forms mato! and Intingement of cur cents 2 alsa news anceaton wih ow cients toce ark. The sare Is actonabe wong under Secon 22 1) (22) i (8) (8) and) fran Trade Marks Act @ Four clans have come to know that you have ato fled rade mark ‘ppl under No 4030560 in elses 9 ded 12 12.2018 cabing ue of themark ae propored oe oad 8. Our clits baie ta! you have adooted decent siiar ade Mark (EXPERT ang Devee of GHADI nd WATCH) whe vw fo fate aventage and to rade upon the ropa af ou cles anc ter th 8 he ‘ew to catuate deception and contusion nthe maels and pss your + goods as that of eur clon Tne unwary purcaseta ata Bound to bo centcran weasire OF our CLIENT aNo tet 8. Ow Clem and TCL sho msinnin teaiy sisted © sorsomean wena coverace f WAsarsen ofenensve'use a oding pop tang cone Ob aout of i STRONG PRESENCE OVER SOCIAL MEDIA WERSITES ‘wherein the “DX” anf “DX sompesing aks have been exesvelyshossas, The = ® poptiy en sci otis evidences tate pulicHa are be fear wi sik STATS. BX An ilsaive seeentt fam yoviube wetake shonasng DETERGENT EXPERT” i ereueesst urs 12. Our Chant TCL arrest poe ofvariaus DN" and“DX" comprising secs ‘hese mars ae sare ia eonnon ith 4 wie eng of gd snd senies {sternal clases there: he ern ae here @ ast eet eee [EN = - qo “Fats Cherivals Limined. | S0WESI— eS ee (ur Chine has spl For sever ther Apan fom he abovementioned regis desis inling ts dtc wade dss, Osis othe sl aplaions are hesander Deen TIDE ‘COPYRIGHT OF THE OUR CLIENT 1. Apa fom acting common nw and exo ahs tir ademariy 2 Ct os -bsing sopra n ts rate dss s deme bow