Tejram Dharampal - Petitioner
Gadapati Tobacco- Respondent
(Decided on2073/6/6, Decision No:10304
(Nepal Law Reporter, 2076)
Case: Trademark Registration
The Respondent had applied for the registration of the mark ‘RAJ NIWAS’ under class 31 and 34 before the Department of Industry on 2072/05/09. The Petitioner had also applied for the registration of the same mark ‘RAJ NIWAS’ before the DOI on 2072/07/23. The Petitioner’s mark had been published in the IP Bulletin for Opposition, which was then opposed by the Respondent on the grounds of ‘first to file’ rule. The DOI refused the opposition and decided in favor of the Petitioner.
The Respondent then, appealed before the High Court of Patan against the decision of DOI. The High Court quashed the decision given by DOI and issued order to the DOI instructing to register the trademark in the name of the Respondent.
Thereafter, the Petitioner filed a petition with the Supreme Court requesting to quash the decision made by the High Court, Patan. In the petition, the Petitioner contended that it was the lawful proprietor and the prior user of the "RAJ NIWAS" mark and the mark is well known in the Indian and Nepali market and it had obtained protection through the registration of the mark in Lebanon and UAE. The Respondent in its written response contented that it was the first to apply for registration in Nepal, it had invested huge amount for its promotion and development and had paid more than 2 crores as tax to the Inland Revenue Department. The Respondent also stated that the Petitioner had failed to provide proof of their Home Registration at the time of registration in Nepal.
The petition was heard by the division bench where the court decided in favor of the Respondents and upheld the decision of the High Court whereby the court addressed the following issues:
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