M/S. Nandhini Deluxe vs M/S. Karnataka Cooperative Milk ... on 26 July, 2018
8. The registration relied upon by the opponent to show the use of
the mark "JBR" for class 12 goods is limited only in respect of
MOTORS PARTS", whereas, the goods of the applicant are limited
to 'VEHICLE COVERS' only. It is evident from the records available
before me that the goods of rival parties are different from each
other, and the law is settled that proprietor of trademark cannot
claim monopoly over the entire class on the basis of registration for
some particular goods falling under that particular class. The
Supreme Court in MIS. Nandhini Deluxe vs. Karnataka Co-
Operative Milk Producers Federation Ltd., has held that the
proprietor of a trade mark cannot enjoy monopoly over the entire
class of goods particularly when he is not using the said trade mark
in respect of certain goods falling under the same class.