BEFORE THE REGISTRAR OF TRADE MARKS,

DELHI EXAMINATION REPORT

NO.TMR/DELHI/EXM/2021/ APPLICATION NO.
4996079 (CLASS-25)

IN THE MATTER OF:

TRADE MARK “ ”

FILED IN THE NAME OF

(Aman Soni)...........................................................APPLICANT

REPLY TO THE EXAMINATION REPORT NO.

TMR/DELHI/EXM/2021 DATED 16th June, 2016 AT 13:43:27

RESPECTFULLY SHOWETH:-

PRELIMINARY

SUBMISSIONS:-

I. That Aman Soni resident of 52/69 Nagla Lal Singh, Barah Khamba, Agra-

Uttar Pradesh (hereinafter referred as the “Applicant”) engaged in the

business of trading of clothing (Ready-to-wear clothing; Clothing for men,

women and children; Nightwear; Nightdresses; Woolen clothing; Under

garments; Sleeping garments; Bathrobes; Coats; Leather garments;

Clothing for infants; Gloves for apparel; Garments for protecting clothing;

Beach clothing; Nappy pants), jackets (Athletic clothing; Ready-made

clothing; Jogging sets) and footwear (Headgear) (hereinafter referred as

“Items/Goods”) and started using the logo “ ” (hereinafter

referred as “Trade Mark/Brand Name”) with respect tothe above said items as

Temporary Mark as per the various guidelines and rules issued by the Trademark

Department.

II. That the Applicant had applied for registration of the above said word with bonafide

intention to create and establish distinguish Brand Name in the area of its working,

so that the customers and other people dealing with him could recognize the items
 dealt by him through the above said Brand Name and it helps lend a competitive

edge to his goods and items. Therefore, he originated the logo “ ”

for the above said goods and items. Moreover, the Applicant had spent

considerable efforts to promote the above said Brand Name. Hence the said Brand

Name is now recognised among the industry members and customers.

III. The logo is solely designed for the trading of and is absolutely match with the

business activity in which the applicant is dealing.

That the Opponent has raised an objection vide examination report dated 16 th June, 2021,

mentioned as below:

1. It is submitted that the adoption of the impugned mark is

dishonest and therefore its registration is likely to be

contrary to the provisions of Section 18(1) of The

Trademarks Act, 1999;

2. The registration of the impugned mark is likely to be

contrary to the provisions of Section 9(2)(a) of the Act as

the impugned mark is likely to deceive the public and

cause confusion.

3. The objection is raised under S 11(1) of the Trade Marks

Act 1999, as the mark is identical with or similar to

Opponent’s mark,” “ and there exists a

likelihood of confusion on the part of the public;

Reply to the above said objection:

1. The applicant has applied trademark vide application number “4996079” for the

trademark .

2. The above mentioned objection raised by the Opponent under Section 18(1) of the
 Trade Marks Act 1999, that the applicant has used the mark dishonestly, which is

purely a wrong contention.

3. The above mentioned objection raised by the Opponent under Section 9(2)(a) of

the Trade Marks Act 1999, that the impugned mark is likely to deceive the public

and cause confusion as the business of applicant is purely clothing and footwear.

4. The above mentioned objection raised by the Opponent under Section 11(1) of the

Trade Marks Act 1999, that the applicant`s mark is identical or similar with the

conflicting mark “ ”.

5. The applicant would like to clarify that the applicant inadvertently write name of

Mark “Robbie Jones”, while the opponent’s mark is written with “ZSYTO”. The

names are completely different. Also, there is not much resemblance in the design

of leaf, as the applicants mark, “ ” is facing the leaf on left side,

while the opponent’s design of leaf “ ” is facing right side. The

applicant further request to the good office of registrar to allow the applicant to

use the name.

6. We have spent a rich amount on posters, pamphlets, banners, stickers,

advertisement, and established a brand name “ ”.

7. Presently, we have a good customer base of clothes (Jeans, Denim Jeans, and

Blue Jeans) with the above said brand name.

Thus, from the abovementioned stated facts and circumstances, We modestly request

the good office of the registrar of trademark to allow applicant proceed the trademark
registration proceed with the trademark mentioned in the application.

Hence Applicant hereby requests to publish the Applicant Mark in Trademark Journal for

further proceedings.

Prayer:

a. In view of the above stated submissions the application is entitled to

be accepted for registration.

Place: Delhi For & On Behalf of

Aman Soni
Dated:09/09/2021
(Applicant)