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Kostal Verwaltungsgellschaft Mbh A ... vs The Registrar Of Trade Marks, The ... on 10 January, 2005 cites

Allergan Inc vs Milment Oftho Industries And Ors. on 6 November, 1997

9. Coming to the legal issues raised by the learned counsel for the appellant relying upon the Division Bench judgement of Calcutta High Court in the case of Allergan Inc. v. Milment Oftho Industries and Ors., reported in 1999 PTC 160, she contented that the appellants had introduced their product with the impugned mark 'LK' earlier to the third respondent as the prior user, the appellant is entitled for the registration. Further, the third respondent filed their application for registration after nearly twelve years after claiming the use. There is absolutely no reason for the third respondent to wait for such a long time to file their application for registration and this itself would falsify their claim of earlier user from 1979. The judgement relied upon by the learned counsel for the appellant may not be of any assistance because in that case, the Division Bench has held that the respondent admittedly adopted the mark of the appellant therein. In this case, it is already found that the appellant did not establish by any evidence that they are using the impugned mark earlier to that of the third respondent and further the third respondent while adopting their trademark has no knowledge about the appellant's mark.
Calcutta High Court Cites 11 - Cited by 37 - R Pal - Full Document
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