In those days the local toiletries market was not advanced enough to meet all the demands of the people. But in the last decade things have changed drastically for the toiletries industry in Bangladesh. For more than half a century Tibet has made its mark in the hearts of millions. They are the pioneer amongst the soap, cosmetics and toiletries manufacturing industries of Bangladesh, producing highly value-added products with quality in the center of focus.
Try out our Premium Member services: Free for one month and pay only if you like it. Plaza Chemical Industries, the petitioners, have filed this Petition by way of an appeal against an order passed by the Joint Registrar of Trade Marks rejecting their application for rectification.
As from April 16, a trade mark consisting of a label containing a device of a head of a woman, snow clad mountains and the word "TIBET" was registered in the name of the respondents. Kohinoor Chemical Company Ltd, in respect of facial cream.
Upon partition of India the respondents migrated to Pakistan. On March 6, the Petitioners Kohinoor chemical ltd an application in the office of the Trade Marks Registry at Delhi for registration of the said label as a trade mark.
In support of this application they alleged that the respondents got the said trade mark registered without any bona fide intention on their part to use it in respect of facial cream.
They further alleged that upto one month before the date of the application for rectification, the respondents have not used the said trade mark for a continuous period of five years in respect of facial cream.
According to them, under circumstances, this should be regarded as an abandoned mark by the respondents. The application for removal of the trade mark was resisted by the Respondents.
In their affidavit in reply they contended that prior to partition of the country they were carrying on business at Delhi and after the partition of the country they shifted to Karachi in West Pakistan.
They also stated that the goods covered by the registration of the trade mark were being sold in India until a ban on imports by the Government of India was imposed.
In spite of the ban, according to them, the mark was being used in India through the medium of advertisement in leading newspapers and journals, all of which had circulation in India as well.
They also stated that no sooner the embargo placed on import of cosmetics in India is lifted by the Central Government, they would readily and immediately export their goods to India. They submitted that the temporary suspension of export due to restrictions imposed by the Government was not a ground for rectification.
Before the Joint Registrar of Trade Marks the application of the Petitioners of removal was supported in view of the provisions of Section 46 1 b of the Trade and Merchandise Marks Act The ground was that upto one month before the date of the application, a continuous period of five years or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being.
It was admitted by the respondents that for the requisite period the mark was not used in India. It was however alleged that such a non-user was due to special circumstances in the nature of import restrictions imposed by Government and, therefore, in view of the provisions of Section 46 3 of the Act the petitioners were not entitled to rely upon such non-use.
That contention was accepted by the Joint Registrar of Trade Marks and the application of the petitioners was rejected. The present petition is filed by way of appeal against that order. Shah on behalf of the petitioners contended that a continuous period of five years has elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods by the respondents for the time being.
His submission is that imposition of restrictions qua import by the Central Government, cannot be regarded as a special circumstance and that the Joint Registrar was in error in not allowing the petitioners' application for removal of registration of the trade mark.
Section 28 enunciates the rights conferred by registration.Kohinoor Chemical Co. (Bangladesh) Ltd. ("KCCL) is a pioneer manufacturing company in high quality beauty, toiletries and personal care products.
The state-of-the-art machineries and raw materials from the world's best possible sources, it has bench marked high standard in manufacturing quality products. Govt.
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Kohinoor Chemical Company Ltd Job Circular Our goal is to provide all information related to employment to the job applicants. Most of the job finder many times fined Kohinoor Chemical Company Job Circular in Google. Kohinoor Chemical is the only Bangladeshi pharmaceutical company operating in Mayanmar market-one of the most stringent and regulated markets in Asia Kohinoor Chemical was the first company from Bangladesh to enter the African Market.
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