![]() That by virtue of its first worldwide use coupled with trans border reputation, the applicant's trademark ‘Hypnos’ is the earlier trade mark within the meaning of section 11 of the Trade Marks Act, 1999, which clearly indicate that the applicant's ‘Hypnos’ is a well known trade mark in India. Therefore, the applicant trademarks ‘Hypnos’ is well known within the ambit of section 2(1)(zg) of the Trade Marks Act, 1999.ġ0. The use of trade mark ‘Hypnos’ in relation to said goods or related goods would connote and denote the applicant as the source thereof. Due to superior quality, extensive and continuous use including wide publicity and promotion of the applicant's products bearing the mark ‘Hypnos’, the applicant's said trademark has acquired factual distinctiveness and has become inextricably linked with the applicant's products only. ![]() The applicant initiated dialogues with Shri Balaji Industries of F-61-62, Sidhgul Industrial Area, Haridwar, Uttarakhand for a collaboration for manufacture and marketing of the applicant's Hypnos beds in India in the year 2011.ĩ. The applicant has supplied Hypnos beds to Premier Inn Bangalore in the year 2008-2009 and to Premier Inn Delhi in the year 2010 against direct order placed with Hypnos Limited, United Kingdom.Ĩ. Some of consumers of the applicant are prestigious clubs, hotels and hotel chains world wide over.ħ. The worldwide operations of Hypnos Limited cater to highly specialized market and consumers namely royal palaces and estates, luxury and boutique hotels, cruise liners, yacht, spa and serviced apartments. The applicant's trade mark and brand ‘Hypnos’ has an excellent reputation and goodwill and it is exclusively identified and associated with the applicant alone. The applicant has international affiliations world over through its associated company which has commercial business and operations in United Kingdom, U.S.A., Canada, Germany, Australia, Taiwan, Austria, Czech Republic, Greece, Holland, Hungary and Switzerland, etc.Ħ. That owing to the popularity of applicant's brand ‘Hypnos’ which was adopted as the dominant and distinguishing part of the applicant's company name in 1988 and the said name is being used as trade mark in respect of its goods on an international scales too.ĥ. The applicant claims that the mark ‘Hypnos’ was first adopted by as a trade mark several decades ago in relation to its products beds and bedding, like mattresses, pillows etc. The applicant is a registered proprietor of the mark ‘Hypnos’ (word). The applicant is one of the most renowned manufacturer of uniquely designed, hand-crafted and technologically highly advanced beds, mattresses, pillows etc.ģ. ![]() The applicant is a family run business incorporated in 1926 and now it is a limited company in United Kingdom.Ģ. 1544245 in class 20 to the respondent herein.ġ. Sanjeev Kumar Chaswal, Member (Technical):- In the instant case, the applicant has preferred a rectification application before the Board, thereby challenging the grant of registration certificate for the trade mark No. ![]()
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