GENERAL ENGINEERING CORPORATION, GUJRAT Versus PRINCE INDUSTRIES, GUJRAT

This appeal against the order of the Registrar of Trade Marks, dated the 13th August, 1985, refusing to register the appellant's mark 'Air Prince' in respect of electric fans of all kinds arises out of the following circumstances. The appellant, Messrs General Engineering Corporation, Gujrat, moved application on the 10th November, 1981, for registration of its mark 'Air Prince'. It claimed user of the same since 1978. The respondent, Messrs Prince Industries, Gujrat, filed opposition to the appellant's application for registration. The respondent asserted that it had been using its mark 'Prince' in respect of all sorts of fans manufactured by it since 1965. It averred that it had procured registration of its mark 'Prince' .on the 18th June, 1971, for seven years but for non‑depositing of renewal fee the mark was not renewed and that it had applied afresh for registration. It added that the adoption of the appellant's mark 'Air Prince' was not bona fide and that the goods manufactured and sold with the mark 'Air Prince' would cause deception and confusion. It placed before the Registrar documentary material including copies of income‑tax assessment orders in support of its claim and user of the mark. No copy of the income‑tax assessment return or order was filed by the appellant. The Registrar was favorably impressed by the evidence produced by the respondent. He objected to the registration of the word 'Air' which was descriptive because Air in relation to fans describes the character and quality of the goods. Therefore, he declined to accept the appellant's objection.

2. The perusal of the income‑tax assessment orders shows that right from 1968 the respondent has been regularly paying income‑tax which has been steadily increasing and at the moment it runs into lacks of rupees. The appellant did. not pay any income‑tax before filing its application for registration. The respondent had been carrying on business formerly under the name and style of Prince Industries whose sole proprietor was Mirza Ghulam Hussain. With the passage of time Mirza‑ Ghulam Hussain associated with himself, his sons and daughters as and when they became major and now the respondent firm has as its partners Mirza Ghulam Hussain and his children. A They have all along been doing quite a good amount of business of manufacturing and marketing fans under the Trade mark of Prince and, therefore, they are entitled to hold the field. The appellant's mark will certainly cause confusion and deception as the goods are to be sold on the same counter. The view formulated by the Registrar that the word 'Air' was descriptive of the goods cannot be taken exception of. In the circumstances the decision of the Registrar is endorsed and the appeal is dismissed with costs.

S.S.Q/G‑128/L Appeal dismissed.