The trouble faced by some of the most well established trademark owners is the fear of a deceptively similar mark emerging in the market. While such marks are most likely to confuse the unsuspecting consumers it is the original TM owner’s reputation and goodwill, which is at stake. The Intellectual Property Appellate Board [IPAB], Chennai in Tata Engineering & Locomotive v. Deputy Registrar of Trade Marks & Ors. 2006 (32) PTC 830 (IPAB) had an opportunity to consider this aspect.
M/s Super Cassettes Industries had filed an application to register their mark, the letter ‘T’ in a circle along with the word SERIES, in respect of their range of electric and electronic goods, falling under Class 9 of the Trade and Merchandise Marks Act, 1958. Upon advertisement of the acceptance in the Trade Marks Journal, M/s Tata Engineering and Locomotive Company Ltd. (TELCO) (the appellants in the present suit) filed their notice opposing the registration. They contended that they were registered
