Law office of ARORA AND ARORA Advocates L Consultants ‘Trade Marks, Copyrights, Industrial Designs L Patents ‘5/48, Nehru Nagar, New Dethi-1 10065 Tel :+91-11-29844643 Fax : 29839955 Cell: +91-0810619964 Email: info@aroraandarora.com, aroraandarora@amail.com ‘Website: www. aroraandarora.com Ref No. Gaon/108 7-02-2012 Attorney's Code: 4407 To, The Registrar of Trade Marks, Office of the Trade Mark Registry, IPR Bhavan, Dawarka BY Hand New Delhi 110.075 3; - BATT Re VAST ‘Bex Marks Registry BG TERT Govt nc (3828 FEB 2012 Poudhik Sempaca Bhaw Plot. Ne. 32, Sec. m er Dern Dear Sir, Re: — Mr.; Vikas Goel, Trade Mark : GAON with Punch Line LABEL Indian Application No.2063770 in class 30 Dated : 6/12/2010 We write to reply to examination report as under: - Reply to Para 1 Itis respectfully submitted that the mark sought for registration GAON with punch line- The purity of rural India LABEL is a stylized, artistically designed, a composite mark. It is well settled judicial principle that mark is considered as whole and in its entirety. We crave your kind attention on the decision of DIAMOND T. MOTOR CAR CO.’S APPLN. (1921) 68 RPC 373, wherein it was held that “ Distinctiveness must be considered by taking the mark as a whole, all its various integers being considered in combination. The true test is what is the totality of the impression that the mark produces.” We further submit thatIt is well settled judicial principle and held in Corn Products Vs Shangrila AIR 1960 SC 142at 147 that marks must be compared as whole not dissected for the sake of comparison. We further crave your kind attention on the decision of Aristoc case (1943), RPC 87 at 108 wherein it was held that “Meticulous comparison not the correct way and the mark is not dissected for the sake of comparison” As far as cited marks are concemed, pending application under No. 959478 for the mark GAON SHIMLA and application No. 1722964 for the mark GAONVAASI MASALE are not relevant in view of the fact that the same do not constitute an “earlier trade mark" under the provisions of Section 11 of The Trade Marks Act, 1999. Since the above cited marks are neither a registered trademark nor a convention application, the same does not fall under the definition of an earlier trademark and therefore cannot bar the registration of the subject mark. Even otherwise, said cited marks, taken as a whole, are phonetically, visually and structurally different from the subject mark GAON with punch line- The purity of tural India LABEL and as such there is no likelihood of confusion and deception between them by their co-existence. in view of above, we request the learned registrar to waive the objections and accept the application for registration. Itis further requested that the applicant may be given the opportunity to be heard before passing any adverse order if any in the matter. For Arora And Arora 1 a Advocate