Question

Two parties applied for registration of Trade mark. Shri Ghanashyam and Shri Dhanashyam applied for registration of trade mark. They were both rivals. The trade used by these rivals were “Mathura Ghee and Mathurang Ghee” respectively. Shri Dhanashyam started using ‘Mathurang’ after lapse of five years from the use of trade mark ‘Mathura Ghee’ by Shri Ghanashyam. Shri Ghanshyam has polarized the trade mark ‘Mathura Ghee’ by investing huge amounts on advertisement. The two trade names were phonetically similar. There was not much difference in pictorial and monogram that is the trade mark of the rivals. The registration was granted to neither.Suggest the right person regarding use of trade markgg

Answer 1

Answer:

Shri Ghanashyam and Shri Dhanashyam applied for registration of trade mark. They were both rivals. The trades used by these rivals were “Mathura Ghee and Mathurang Ghee” respectively. Shri Dhanashyam started using 'Mathurang' after lapse of five years from the use of trade mark 'Mathura Ghee' by Shri Ghanashyam.