wkcmhtr 1R

OPPONENT CODE : 2009075

,4_ 32% Wfl’O

nnmnumum mm
769
FORM TM-O
The Trade Marks Act, 1999
Opposition/ Application for Rectification of the Register/CountoWF
Refusal or invalidation of atrademark under Geographical Ind fiwfi AGMSQE
(Regulation and Protection) Act, 1999
’
[The relevant information must be filled up in coloured box‘ Eta}: an;
respective head] -

n
H '
[In case ofofllinefiling, theform should befined in duplicatle] 1 w HM
Applicant or Re tered ‘ '
H.T.C. Dlesel Engmes Pmkafigalfim
' ' ' (2.22“???
Prop rietor I ofif‘g‘s‘m ‘ 0‘ V51 uable
[Third Party akin The "9‘5 W
Application / Reques .
46a) Anyonelfrom
the above, must be chosen on whose behalf the C
UL.
once App wanon/ Request 18 beznq submlt‘ted‘
(b) 'Applicant’ or Registered Proprietor‘ here means the person who is recorded as such
in TMR records in respect of the referred application or registered trademark. The
’Opponent’ here means the Opponent in the referred opposition proceeding or an
Applicant for Rectification desiring to cancel or vary the registration of the trademark of
someone else. ’Third Party’ means the person who is not a party to the
application/ opposition/Rectification referred to.]
FEE 3000

Name*
trading as:
.
H.T. C. Dlesel Engxnes
.
aate llted;
. - .

Addressyr Beaumon Chambers,

27/33, Nagindas Master Road,
Mumbai — 400 023,

Maharashtra INDIA
Adams" I" service: “A” Aidun Building, 5m Floor, 1st Dhobi Talan,
Mumbai — 400 002;
Maharashtra INDIA
Mobile N0 =
9820085053
13'1““ “mm"
Magma
Unless otherwise specifically stated, the applicant’s/ opponent's/ third party’s
[(11)
11-May-2022I3247710/1163814/TM-O

address shall be the address for service of the applicant who has principal place of
business in India ,~ /
.

(b) The address for service rinvlndia must be provided, in case the
applicant/opponenf/th’ir’d p’afiy as the case may be, does not carry on business in Indity
'

9820085053
Mobile No :
shahvflnr mjal.com
Email address: *
m
/> /‘J;
 TRADE MARKS ACT, 1999
Notice of Opposition

IN THE MATTER OF Application No.

3921725 dated 21/08/2018 in class 7
of Kanehan Krishna, Trading As, M/S—
Sakshi Trading Company.

Trade Mark: STC.

AND

IN THE MATTER OF Opposition thereto

by M/s H.T.C. Diesel Engines Private
Limited.

Trade Mark: HTC.

We H.T.C. Diesel Engines Private Limited; an Indian Company, carrying on

business at, Beaumon Chambers, 27/33, Nagindas Master Road, Mumbai
400 023, the Opponents herein; hereby give notice of our intention to oppose
Application for registration of Trade Mark advertised under above number in
Class 7 in Trade Marks Journal No. 2007 , Dated 05/07/2021 At page 1564.

11-May-2022I3247710/1163814/TM-O
 The grounds of Opposition are as under :

1. The Opponents carry on business as dealer in Machines And

Machine Tools; Motors (Except For Vehicles); Machine Couplings
And Belting (Except For Vehicles); Large Size Agricultural
Implements; Incubators; But Particularly Centritfugal Pumps,
Diesel Engines (Not For Land Vehicles), Woodworking Machines
And Parts Thereof (Not Included In Other Classes) included in class
7 since 1949.

2. That to distinguish their products from similar products of others,

the Opponents adopted and have been using the trade mark is
HTC.

3. The Opponents have been using trade mark HTC as their corporate
trading name and Company Logo since inception of the business in
1949. The Opponents are prior honest, independent and bonafide
adopters, users of trade mark HTC. The Opponents adopted and
put to use trade mark HTC for their products in the year 1949;

4. The Opponents are registered Proprietors of trade mark HTC as per

the particular set out below :—

Trade Mark Registration Class Status

No.
HTC 148665 7 Registered

11-May-2022I3247710/1163814/TM-O
HTC 147535 7 Registered
 LA)

The said registration is valid and subsisting. By virtue of

registration, the Opponents are entitled to exclusive use of trade
mark under section 28 of the Act.

. That the Opponents have invested huge amount of money, labour,

skill, time, energy and expertise in establishing their business
under trademark HTC.

. The mark STC in Application No. 3921725 is a blatant imitation of

Opponents’ trade mark HTC, incapable of distinguishing the goods
to which it is applied, hence not distinctive its registration is
contrary to the provisions of sections 9 of the Act.

. The Applicant has adopted the mark STC in the Application which
is an imitation of Opponents’ trade mark HTC and is aimed to pass
off Applicant’s goods as and for those of Opponents’ merchandise.
The adoption and use of the mark STC by the Applicant amounts
to infringement and passing off Opponents’ trade mark HTC under
section 29 of the Act.

. The Mark STC in Application No. 3921725 is identical and/or

deceptively similar to Opponents’ Trade Mark HTC; that its use is
bound to cause confusion and deception in the normal and fair
course of trade. Hence its registration is contrary to provisions of
section 11(1) and 11(3) of the Act.

9. The Applicant is not and cannot claim to be proprietor of the mark

STC under section 18(1) of the Act, as Applicant has blatantly
copied Opponents’ prior adopted, used and registered trade mark
11-May-2022I3247710/1163814/TM-O

HTC and is not entitled to any discretionary relief under section

18(4) of the Act.
 14. The Opponents state that Since the mark STC in the Application
is Proposed to be Used, the Applicant will not be prejudiced if the
Applicant withdraws the Application or if it was refused

15. The use of the mark STC by Applicant for same class of goods
as that of Opponents will result into Violation of Opponents’
statutory and common law rights. The use of identical and/ or
deceptively and confusingly similar mark STC by third party is
bound to cause confusion and deception in minds of purchasing
public.

16. The Opponents state that use of the mark STC by the Applicant
is dishonest and malafide. The Applicant has not come with clean
hands in seeking registration of the mark STC and the said
Application is in bad faith. Hence the registration is barred under
section 11(10) of the Act,

17. The mark STC is identical and/ or deceptively similar with

Opponents’ registered trade mark HTC and the Applicant cannot
claim to be proprietor of the mark STC and consequently the
application is not maintainable having regard to provisions of
section 18(1) of the Act. The Applicant is not the owner of the
mark STC and is not entitled to Claim any right in respect thereof.

18. The Registration of the mark STC in application No. 3921725

will offend provisions of Sections 9, 11 and 18 of the Act.

19. The foregoing amongst other, constitute sufficient grounds for

this Hon. Tribunal to exercise its discretion against Applicant and
11-May-2022I3247710/1163814/TM-O

in Opponents’ favour by allowing Opposition with cost and

refusing the Application.
 20. The relief Opponents seek are:

a. The Opposition be allowed;

b. Refusal of the Application No. 3921725;
c. Cost of the proceedings

A11 communications relating to these proceedings may be sent to the

following address in India:

FATEHCHAND C. SHAH and CO.,

(Advocates)
‘A’ Aidun Building, 5th Floor,
1st Dhobi Talao,
MUMBAI - 400 002
Email:iprshahnshamputlook.com

11-May-2022I3247710/1163814/TM-O
 W
I, Samir Fakirchand Shah, the director of H.T.C. Diesel Engines Private
Limited , the deponent herein, do hereby verify the correctness of the
statements made in grounds (1) to (5), which are based on my personal
knowledge as well as on information received from records of my business,
which I believe to be true and the statements contained in remaining
grounds are in nature of legal submission made to the Hon’ble Tribunal on
the basis of advice received.

For: M /s, H.T.C. Diesel Engines Private Limited

& .7
Director
Dated this day of April , 2022

For: M /s. H.T.C. Diesel Engines Private Limited

dvocate
To,
The Registrar of Trade Marks,

11-May-2022I3247710/1163814/TM-O
The Office of the Trade Marks Registry at 2%
 Fatehchand C. Shah & Co.
Advocates
F. C. SHAH use LLB
‘A’Aidun Building, 5th Floor. 15‘ Dhobi Talao‘ MUMBAI- 400 002 TEL. (91-22) 2201 5610/2201 5053
V. F. SHAH BA. LL 8
E-mail info@shahandshah.ln
:

A. S. GlDWANI a so (More) LLB

LETTER RELATED TO TOP SECTION

Our ref.: 4A/New/2435/22/NP May 3, 2022.

To,
The Registrar of Trade Marks
Bhaudhik Sampada Bhuvan
Plot No 32,Sector 14
Dwarka
New Delhi —
110 075

Re : H.T.C. Diesel Engines Private Limited; Proposed Opposition to Trade

Mark "STC” In Class 7 Application No. 3921725 Of M/s. SAKSHI
TRADING 00.. \
Sir,

This refers to the captioned subject .

In pursuance to the Public notice issued dated 28/03/2022, enclosed you

will find:-

Form TM-5 in triplicate.

.

Photocopy of Authorization
.

The page 1564 of Journal No. 2007 dated 05/07/2021.

(II-POJIQr—t

. The status of the mark as appearing in the 1P datjfase.

A DD for ?3000/— bearing No.0000fl3 dated

.

drawn on Bank of India towards the fees payable on the

f '1» 7/
Notice of Opposition
6. Form TMO

We request you to take the same on record and proceed with the matter.

The Opponents will feel obliged if needful is kindly done.

11-May-2022I3247710/1163814/TM-O
 Office of CGPDTM Mumbai
Govt. of India

28 March, 2022

PUBLIC NOTICE

In compliance to the direction of the Hon’ble High Court, Delhi vide Order
dated 21/03/2022 in the matter of WP. (C)—IPD 4/2022 & CM 27/2022 & others, any
person who wish to file an opposition against any trademark published from Journal

No. Journal No, 1928 dated 18/11/2019 to Journal No. 2036 dated 24/01/2022 (both
inclusive, irrespective of status of the application whether it be registered / opposed /
accepted & advertised / advertised before acceptance) may submit the same in the

respective jurisdictional office of the Trade Marks Registry either through hand or

post so as to reach to Registry Office on or before 30/05/2022.

Sdl-
Controller General of Patents, Designs & Trademarks

11-May-2022I3247710/1163814/TM-O
 “WTVIETIPJEHI\

<75; 500 FIVE HUNDRED

RUPEES

z“
V.
mam
qkyi‘itdf': T21. "IE? ‘3‘ “.5“? 1‘31

‘
I!
-
POWER OF ATTORNEY ¥£Yffli
Fr? . . i4 '.

¢ '
TRADE MARKS ACT, 1999.
afinh , 1111: Fri? 313153”

We, H.T.C. DIESEL ENGINES PVT. LTD., A Company incorporated in India ,

carrying on business at Beaumon Chambers, 27/33, Nagindas Master Road,

Mumbai-400 023.; hereby authorize Ms. ANURADI-IA S. GIDWANI. Advocate,
High Court, (MAR/2687/1999) and/or Ms. MALATI J. JHAVERI, Advocate,
High Court; and] or Ms. LEENA C. JIRLI Advocate, High Court,
(MAE/661/2007); jointly and severally of FATEHCHAND C. SHAH 85 CO., 01'
“A” Aidun Building, 5“- Floor, 1“ Dhobi Talao, Mumbai- 400 002; to act as
our Agents for applying for Registration of Trade Marks to conduct all
proceedings regarding our applications, to obtain Registration Certificate
thereof, to keep them renewed as and when required and to attend to all
other matters incidental to the Trade Marks Act, 1999, or any act repealing
the said act, including filing and defending Opposition and rectification
proceedings in connection with our trade marks and on our behalf and to
conduct all proceedings regarding thereof and request that all notices,
requisitions and communications relating the same may be sent to such
agents at the above address.
 We also authorize the said agents jointly or severally to complete Form TM-
50 requesting the entry of an address for service as part of our registration
obtained or maintained under the above authorization.

We ratify all actions taken by any of our aforesaid Agents in the matter.

We hereby revoke all previous authorizations, if any, in respect of the same

matter or proceedings.

Dated this 27 day of DECEMBER, 2017.

\
F9: : H.T.C DIESEL ENGINES PVT.LTD.

( I
;\
L’— 4
K
sit/11R F. SHAH
( ging Director]

Address: Beaumon Chambers, 27/33, Nagindas Master Road,

Mumbai-400 023

To,
The Registrar of Trade Marks
The Office of the Trade Marks Registry.

11-
 Trade Marks Journal No: 2007 , 05/07/2021 Class 7

3921725 21/08/2018
KANCHAN KRISHNA, TRADING AS, M/s. SAKSHI TRADING COMPANY
170, Ptlrani Tchsil, tadatpura, Mau (11.9.), 275101
Proprietor
Address for service in India/Attorney address:
KREHNATRADEMARKBUREAU
SA-l'I/uo M-MJ (M.LG.-3) ASHOK VIHAR COLONY PHASE-II PAHARIA VARAN ASI UJ’
Proposed to be Used
DELHI
Submersible Pumps, Mono Block, Mo‘or & Their PraIs. GOODS ARE RESTRICTED FOR THE SALE OF PRODUCTS IN THE
STATES U'I'I'AR PRADESH AND BIHAR ONLY.

11-May-2022I3247710/1163814/TM-O

1564
 58/22. 1:05 PM E-Ragister - Main Page

As on Date
Status
:
:

TM Application No.
Class
03/05/2022
Registered
3921725
7
(NOT FOR LEGAL USE)

Wm
View Rggigtrgtign ggrfifigate

Date of Application 21/08/2018

Appropn'ate Office DELI-H
Stale UTTAR PRADESH
Country India
Filing Mode c—Filing
TM Applied For STC
TM Calegmy TRADE MARK
Trade Mark Type COLOUR
User Detail Proposed to be used
Certificate Detail Certificate No. 28689l2 Datcd : 23/11/2021
Notified in Journal No : 2029
Valid upto/ Renewed upto 21/08/2028
Proprietor name (1) KANCHAN KRISHNA, TRADING AS, M/S— SAKSHI TRADING
COMPANY
Single Firm
Proprietor Address 170, Purani Tehsil= Sahadatpura. Mau (UR). 275101
Email Id ****varanasi@gmail.com
Attorney name KRISHNA TRADE MARK BUREAU[3621]
Attorney Address SA—l7/130 M-M-3 (MiG-3) ASHOK VIHAR COLONY PHASE-II
PAHARIA VARANASI U.P
Goods & Service Details [CLASS : 7]
Submersible Pumps, Mono Block. Motor & Their Prats. GOODS ARE
RESTRICTED FOR THE SALE OF PRODUCTS IN THE STATES
UTTAR PRADESH AND BIHAR ONLY.
Publication Details Published in Journal No‘ : 2007-0 Dated : 05/07/2021
Trade Mark Image (1):

M
51":

11-May-2022I3247710/1163814/TM-O :THE DATA OF TRADE MARKS REGISTRY IS UNDER THE PROCESS OF DIGITISATIUN, IF ANY DISCREPANCY [S
WA RNIN(;/DIS( WAIVER
OBSERVED IN THE DATA PLEASE CONTACT 0R SUBMIT AT APPROPRIATE TRADE MARKS REGISTRY ALONGWITH SUPPORTING
DOCUMENTS. THIS WILL HELP IN UPDATION OF ELECTRONIC RECORDS,

https:llipindiaonIine.gov.in/eregisterleregistemspx
 Wig ‘3 gfigm
Jill-

i\llllllllll\l\l|\|\|l\|\\ll\|l|“L“llllllllllilllll!l|!l\lllflll|lll\ll|l_

The Registrar of Traed Marks

Bhaudhik Sampada Bhuvan
Plot No 32,Sector 14
Dwarka
New Delhi —
M.
MW (9%

11-May-2022I3247710I1163814/TM-O

If undelivered please return to :-

'
SHAH & SHAH ‘ »—-
FATEHCHAND C. SHAH & CO. _

‘A’Aidun Building, 5th Floor,

. 1st Dhobi Talao Lane,
Mumbai - 400 002. INDIA.
Tel : 91-22-2201 5610/2201 5053
“Mai-20223247710“163814/TM-o

”nu—A