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Showing contexts for: nice classification in Hatsun Agro Product Ltd vs / on 14 September, 2021Matching Fragments
11. ARUN ICE CREAMS 35 06-10-2008 1740572 Registered UNLIMITED
12. ARUN 29 28-01-2013 2467722 Registered
13. ARUN 30 28-01-2013 2467723 Registered
14. ARUN 32 28-01-2013 2467725 Registered
4. As a matter of abundant caution, the plaintiff has filed the application for registration of Trademark under all the classes of NICE classification by pointing out to the Trademark Registry that the Trademark ARUN is well-known mark within the meaning of Section 11(6) of the Trademarks Act, 1999.
https://www.mhc.tn.gov.in/judis The Learned Counsel for the plaintiff rely upon “NICE classification” Theory. Whereas, the Learned Counsel for the defendant rely upon the “Board Classification” theory. The facts of the case doesn't support the contention of the plaintiff. The plaintiff contends that both “GHEE” and “ICE CREAMS” are milk products sold through same channel and they are allied and cognate goods. Therefore, their registration of the name “ARUN” for the goods under Class 29, which includes milk products, will give exclusive right upon the plaintiff to use the word “ARUN”.
The plaintiff case of infringement is based on its claim over the word https://www.mhc.tn.gov.in/judis mark ‘ARUN’ as a well known mark and having valid registration for goods under class 29, their right is protected under the NICE Classification since both ‘ICE CREAM’ and ‘GHEE’ are milk products. Per contra, the defendant's case is the registration mark to be taken as a whole and not in part. As far as the word “ARUN” is not an invented word of the plaintiff. It is a common Indian word to name persons. It means ‘dawn’ or ‘sun’ in Sanskrit. Being a common name, the word “ARUN” can never gain the status of well known mark or secondary meaning. The defendant has adopted the name “ARUN” from the first four letters of their elder family member Mr.Arunachalam. There are several business house in India with the name “ARUN” and carrying on business in various goods. The P.W-1 has admitted in his cross examination that, they have not taken any action against them for using the word “ARUN”.