M/S. Jss Ventures vs Mr.Kunwarpreet Singh Juneja

Financial Year,Sales Turnover

2018-2019,"Rs. 21,23,837.00

2019-2020,"Rs. 22,75,125.00

2020-2021 (up to November

2020)","Rs. 2,42,912.00

2018. On the other hand, impugned mark which is nothing but a replica of the Applicant’s earlier trademark/logo has never been used by the 1st Respondent.",

The Applicant further submitted that the 1st Respondent has no reason or justification for adopting the identical and deceptively similar trademark/logo as that of the Applicant other than to unlawfully,

interfere with the Applicant’s exclusive and lawful rights and take a free ride on the Applicant’s hard earned goodwill and reputation. The absolute identity and deceptive similarity between the rival,

trademarks and goods/services thereunder combined with the Applicant’s long prior use makes it inevitable that use of the impugned trademark by the 1st Respondent will cause confusion and deception in,

the minds of the trade and public. The rival trademarks/logos are phonetically, visually, conceptually and aurally identical and deceptively similar and the 1st Respondent’s impugned trademark is a complete",

imitations of the Applicant’s earlier trademark/logo.,

We have heard the learned counsel for the Applicant and we have also gone through the pleadings as well as the material placed on records before us. It appears to us the identical impugned mark applied,

by the Respondent No.1 is nothing but ""Bad faith filing"" that refer to such applications for trademark registration wherein an identical or similar to the mark of a third party, especially renowned-brand owners,",

in order to take advantage of the fact that the genuine trademark user has not registered the same. The Establishment of “bad faith†directly relies on the establishment of “ill-intent†in the mind such,

an applicant. In the present case it is evident from the email enquiry by the Respondent on 10/02/2019 enquiring about a franchise of the Applicant’s ice cream business and immediately filing of the,

completely look alike identical logo mark on 12/02/2019 just two days later of such an enquiry establishes the bad faith/ ill-intent of the Respondent No.1. The email message on 10/02/2019 from,

kun100cool@gmail.com to ventures.jss@gmail.com reads as follows “Hi i am interested in franchise of Marash in goa. Please share the term sheet, commercials & rest franchise details. Thanks. Regards",

Kunal sharma.â€​ Further the emails dated 11th December 2020 and 12th December 2020 is nothing but intimidation on original proprietor of the mark.,

It is an application in bad faith if the filing of a trademark with the sole purpose of hindering a competitor on the market, as well as the trademark filing made by those who, being aware of the advertising",

carried out by an undertaking to launch a new brand and having had the opportunity to see the mark not on the Register, file the trademark application before such undertaking file and secure registration in its",

name.,

It is evident that the Respondent No.1 is the owner of another mark i.e.,",

â€Twisting Scoops†and hence he cannot be held to be the proprietor for the impugned mark. The emails dated 11th December 2020 and 12th December 2020 are been sent through the official email address,

of the Respondent No.1 i.e., kunwarjuneja@twistingscoops.com sets out the narration of the Applicant to be true. And thus we found that the Application for the impugned mark by the Respondent No.1 has",

been made in Bad faith and therefore cannot be allowed to be remaining on the Register. Section 11(10)(ii) of the Trademark Act, 1999 suggests to take into account of such bad faith if any in filing",

Trademark Applications. The acts of the Respondent No.1 constituted bad faith trade mark registrations and prejudiced to the Applicant’s competitive strength and goodwill and can be termed as unfair,

competition.,

At present, we are of the opinion that the Applicant has made out a strong prima facie case of granting the relief prayed for. Further the conduct of the Respondent No.1 in writing threatening emails and",

non-appearing before this Board establishes the dishonesty/bad faith. And since such dishonesty/bad faith factor holds the cardinal principle and thus until the Rectification Application is finally decided the,

operation of the registration under Application No. 4084092 in class 30 Registered under Certificate No. 2239064 in the name of Respondent No.1 shall remain stayed.,

At this stage, we have arrived to this conclusion only as prima facie view. Once the pleadings are filed, this Board will deal the matter accordingly on merits on such completion of pleading of the parties",

and shall not take any of present observations into account while dealing with the main Rectification Application. There shall be no orders as to the costs.,

List the main Rectification Application on 06/04/2021.,