TMI Blog2021 (5) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... for stopping teeth, dental wax; disinfectants, preparation for destroying vermin; fungicides, herbicides. The petitioner proposes to deal in services and his activity may fall under Classes 44, 35 or 41 as is evident from Ext.P4 communication of the respondents. The Hon'ble Apex Court considered the issue of registering similar trade name by different entities for difference classes of products, in NANDHINI DELUXE VERSUS KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LTD. [ 2018 (7) TMI 2176 - SUPREME COURT] . In the said case, the appellant before the Supreme Court was operating a restaurant under the trade mark NANDHINI and the respondent was selling milk and milk products under the mark NANDINI. The Hon'ble Apex Court held that as the products of the appellant and respondents fall in different classes, there is no question of confusion or deception in the matter of Trade Mark. The case of the petitioner in fact stands on a stronger footing. The registration of word mark already granted by the respondents are REEFLEC', REEF , REEFIT FORTE , REEFER (HEMATANIC) which are all for products falling under Class 05. The petitioner seeks the name Reef Wellness an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellence was also submitted. 5. The 1st respondent again rejected Ext.P3 application on 18.02.2020 as per Ext.P7, holding that in the case of proprietorship, NOC should be given on the letterhead duly stamped and signed and further that Business Visa of one of the partners, who is a resident of India, also has to be submitted. The petitioner submitted reply to Ext.P7. As the 1st respondent did not proceed further, the petitioner filed Ext.P8 complaint dated 04.03.2020 to the Escalation Authority under the Ministry of Corporate Affairs. 6. The Escalation Authority, without considering the contentions in Ext.P8, rejected the complaint on 04.03.2020 as per Ext.P9 merely stating that the queries are validly raised. The petitioner again represented before the Escalation Authority that the 1st respondent cannot demand an OCI Card from an Indian Passport holder. Thereupon, by Ext.P10 dated 04.03.2020, the Escalation Authority required the petitioner to file a fresh Form FiLLiP as the maximum number of re-submissions was already over. 7. The petitioner thereupon filed fresh Form FiLLiP dated 12.06.2020 as per Ext.P11. The petitioner was then served with Ext.P12 mail dated 14.06.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d it should match with Fillip Note-For R/Office address proof provide utility bill (electricity/gas/water/mobile/telephone bill) which should not be older than 2 months. (Private sector bills, Tax invoices, receipts, bank statements, Property tax receipts or revenue department receipts are not considerable for R/O proof). 2. Furnish address proof (utility bill/bank statement with banking transactions) not older than two months of Kunhi Muhammed. 3. Mention Full name of PADINGHARAN ACHIYAVEEDU MOHAMMED FASAL in the subscriber sheet. 4. As the subscriber sheet is signed in INDIA furnish PAN/PAN undertaking, Business visa/OCI card/PIO with proof of arrival i.e. small stamps of PADINGHARAN ACHIYAVEEDU MOHAMMED FASAL 13. The petitioner was required to re-submit the Form by 07.02.2020, failing which the Form should be treated as invalid. The petitioner was warned that it is a system generated mail and the petitioner should not reply to the mail. The petitioner states that he had given KSEB electricity bill as a Utility Bill. The bill format of KSEB did not contain the complete address of the consumer. Therefore the petitioner obtained a BSNL telephone connection in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tner. 17. The petitioner thereupon submitted a fresh FiLLiP Form for the third time, as per Ext.P13, clarifying that the word REEF is a given to a Class 5 category whereas the petitioner is in the business of service falling under Class 35. Thereafter, as per Ext.P14, the petitioner was again required to furnish a fresh subscriber sheet. There was no mention of any difficulty or objection as to name of the LLP, in Ext.P14. The petitioner furnished fresh subscriber sheet as directed. However, the petitioner was served with Ext.P15 rejection letter stating that the proposed name include the word REEF which is an existing trade mark under Class 05. 18. From the facts disclosed as above, it is clear that the petitioner had applied for reserving the name REEF Wellness and Excellence LLP and the name was reserved for the petitioner for three months. True, the petitioner could not make an application for registration of LLP within three months. However, the petitioner submitted an application for incorporation of LLP in the said name as per Ext.P3 on 23.01.2020. Defects in the application were noted by the respondents in instalments as per Exts. P4, P5, P7, P9 and P10 and the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... veterinary and sanitary preparations, dietetic substances adapted for medical use, food for babies, plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants, preparation for destroying vermin; fungicides, herbicides. The petitioner proposes to deal in services and his activity may fall under Classes 44, 35 or 41 as is evident from Ext.P4 communication of the respondents. 22. The Hon'ble Apex Court considered the issue of registering similar trade name by different entities for difference classes of products, in Nandhini Delux v. Karnataka Co-operative Milk Producers Federation Limited [AIR 2018 SC 3516]. In the said case, the appellant before the Supreme Court was operating a restaurant under the trade mark NANDHINI and the respondent was selling milk and milk products under the mark NANDINI. The Hon'ble Apex Court held that as the products of the appellant and respondents fall in different classes, there is no question of confusion or deception in the matter of Trade Mark. The Hon'ble Apex Court held that if a trader or manufacturer actually trades in or manufactures only one or some of the articles coming under a broad classificati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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