Eight Months Use Of A Mark Prior To Application –Claim Of Concurrent Use Not Valid

The case of Needle Industries (India) Ltd. v. Super Thread Industries & Ors 2007 (34) PTC 614 (IPAB) started when Super Thread Industries/Respondents filed an application in 1988 for registration of the mark "PONY" in class 23 in respect of yarns and threads. After examination the application was advertised before acceptance in 1997. Needle Industries/Appellants filed their notice of opposition objecting the registration under the provisions of Section 9, 11, 12, and 18 of the erstwhile Trade and Merchandise Marks Act, 1958.

After completion of opposition procedure, the Assistant Registrar of Trademarks set down the matter for hearing and found that the objections raised by Needle Industries were baseless. The Assistant Registrar did not considered Needle Industries’ registration of the impugned mark in Class 26 since 1971 and held that since Needle Industry’s application in Class 23, was pending registration wherein Needle Industries had claimed user only since 1995 that was