Jupiter Infosys Ltd. vs Infosys Technologies Limited on 9 September, 2004
Learned counsel for the petitioner drew our attention to a decision of this Board in Cavinkare Pvt. Ltd. v. Latha C.Mohan decided on 7th July, 2004 wherein the respondent who was holding trade mark 'KANYA BEAUTY PARLOUR' relating to certain stationery items under classs 16 was using the mark for running beauty parlours for more than 5 years and 1 month. The mark was ordered to be removed from the Register. In view of the above and the other evidences submitted, she argued that there had been a non user of the marks for over a period of 5 years and 1 month as on the date of filing of application for rectification and thus the marks are liable to be removed from the register.