P. Kamala Devi Chordia vs P. Ganeshan And Ors. on 4 August, 2004
7. It is urged that use of JSPL amounts to use of JSP in terms of Section
55 of 1999 Act, which provides that where the use of a registered trademark
is required to be proved for any purpose, Tribunal may accept the use of one
of the associated trademark or substantially identical trademarks for proving
use of the trademark in question. Further, Appellant is using the mark JSP
on its website and social media pages and the mark is well known amongst
the traders and the members of public and is identified with goods,
businesses and services originating from and/or associated with the
Appellant and none else. This is evident from the Google search for the
trademark JSP PANTHER, which shows only the website and business of
the Appellant. It is submitted that Appellant had brought forth this point
before the Respondent and benefit of Section 55 was sought, relying on the
decision of IPAB in the case of P. Kamala Devi Chordia v. P. Ganeshan
and Others., 2004 SCC OnLine IPAB 22, where it was held that Section
54(1) (now Section 55) enables the authority to accept the use of a registered
associated trademark or of a trademark with any other addition or alteration,
not substantially affecting its identity, however, Respondent has not even
referred to this argument, which has resulted in grave injustice to the
Appellant.