Tussle for trade marks

NEW DELHI, SEPT. 17. The Intellectual Property Appellate Board, Chennai, has ordered the removal of three trademarks obtained by Infosys Technologies Ltd., Bangalore, from the Trade Mark Register on the ground that the company had failed to make out its case that it had been in the manufacturing or trading of the goods for which it had taken the registration.

In the instant applications before the Board, Jupiter Infosys sought rectification of the Register claiming that it was an aggrieved party. It argued that Infosys, Bangalore, had not used the trademarks in respect of the goods (computer stationery, computer manuals and computer hardware) for which it had obtained the registration.Infosys, Bangalore, contended that since its inception it had been active not only in developing software solutions for large scale industrial corporations across the globe but also in hardware, computer interface, mechanical aspects relating to software system as well as training on computer related activities. Since its activities involved intricate combination of software and hardware, it had used the mark `Infosys' in relation to computer hardwares, interface and computer peripherals. It sought rejection of the applications.

Rejecting this contention, the Board held that none of the activities of Infosys, Bangalore, enumerated under the caption `scope of supply' in the certificate was relatable to the goods covered in either of the registration numbers — 475269, 475267 and 484837 — and further it had not used the registered trade mark for more than five years and one month. "The applications are allowed and the Register shall remove these registrations from the Register,'' the Board held.

Recommended for you