FORM TM-O

THE TRADE MARKS ACT, 1999

Notice of Opposition / Application for Rectification of the Register by cancelling or varying
registration of a trade mark / Counter statement / Request to refuse or invalidate a trade
mark under Section 25(a),(b) of Geographical Indication of Goods (Regulation and
Protection)
under the Trade Marks Act
Temp Number : 9940788
REQUEST NOTICE OF OPPOSITION
FEE 2700
APPLICANT OR REGISTERED PROPRIETOR/OPPONENT/THIRD PARTY MAKING THE
APPLICATNION/REQUEST
Opponent Name |Zydus Wellness Limited
Trading As
Address Zydus Corporate Park, Scheme No. 63, Survey No. 536, Khoraj
(Gandhinagar), Nr. Vaishnodevi Circle, Ahmedabad, Gujarat — 382481, India,
Service Address |S-227, Panchshila Park, New Delhi - 110017
Mobile No 9811970271
Email address office@scalegal.in
AGENT OF THE APPLICANT OR REGISTERED PROPRIETOR/OPPONMENT/THIRD PARTY
AS THE CASE MAY BE(if any)
Agent Name SAGAR CHANDRA & ASSOCIATES
Address S-227, Panchshila Park, New Delhi - 110017
Mobile No 9811970271
Nature of the Advocate
Agent
Registration No
REQUEST OPPOSITION/APPLICATION IN THE MATTER OF
DETAILS OF 5840992
APPLICATION
NUMBER
CLASS 3
REQUEST NOTICE OF OPPOSITION
GROUNDS OF Grounds of opposition are attached separately
OPPOSITION
Date 16-01-2024 02:59 PM
Digitally Signed By
SAGAR CHANDRA

for SAGAR CHANDRA & ASSOCIATES

 FORM TM-O
THE TRADE MARKS ACT, 1999

GROUNDS FOR OPPOSITION TO APPLICATION NO. 5840992 FOR

REGISTRATION OF THE MARK “YOUTH CONCEPT” IN CLASS 03 IN THE
NAME OF NIRAV DESAI HAVING ITS ADDRESS AT A202 NEELKANT NAGAR
CHS, SAWANT WADI, LBS MARG, CHIRAG NAGAR, GHATKOPAR WEST, AS
PER SECTIONS 21(1), 64, 66, 73 OF THE TRADE MARKS ACT, 1999; RULES 42
(1), 133 AND 139 OF THE TRADE MARKS RULES 2017.

We, Zydus Wellness Limited, having our registered address at Zydus Corporate Park,
Scheme No. 63, Survey No. 536, Khoraj (Gandhinagar), Nr. Vaishnodevi Circle, Sarkhej,
Ahmedabad, Gujarat — 382481, India, (hereinafter referred to as the “Opponent”) do hereby
give notice of our intention to oppose the registration of the Trade Mark “YOUTH
CONCEPT?” bearing Application No. 5840992 in Class 03 for the goods being “Cosmetics,
Cosmetic kits, Perfumery and fragrances, Body cleaning and beauty care preparations,
Make-up, Soaps and gels, Bath preparations, Skin, eye and nail care preparations, Hair
preparations and treatments, Hair removal and shaving preparations”, which has been
advertised in Trade Marks Journal No. 2122 dated 18™ September, 2023 and a copy of the
advertisement has been annexed herewith as Annexure-A.

The grounds of opposition are as follows:

The Opponent is a leading company in the manufacturing and marketing of a wide

range of consumer products and is a leader in food, nutrition, and skincare markets.

2. The Opponent’s core pillars -manufacturing integrity, supply chain efficiency, and
product innovation, form the basis of the legacy it has built over the last few decades.
Today, the Opponent’s business spans over 20 countries and 3 continents.

The Opponent and its affiliates manufacture and markets some of the most well-
recognized and well-known products in India as well as Internationally, including but
 not limited to ‘EVERYUTH’, NUTRALITE, SUGAR FREE, GLUCON-D,
COMPLAN, NYCIL etc. which are household names in India.

One of the most well-known brands of the Opponent is the brand ‘EVERYUTH’,

which was coined and adopted by the Opponent through its predecessors in the year
1995, and has been in use continuously, extensively and uninterruptedly since then.
Over the years, the Opponent has launched a wide array of skin care products under the
brand ‘EVERYUTH?, including but not limited to ‘Everyuth Naturals Exfoliating
Walnut Scurb’, ‘Everyuth Naturals Hydrating and Exfoliating Walnut Apricot Scrub’,
‘Everyuth Naturals Golden Glow Peel Off Mask’, ‘Everyuth Naturals Rejuvenating
Cucumber and Aloe Vera Face Pack’, ‘Everyuth Naturals Natural Glow Orange Peel
Off Mask’, ‘Everyuth Naturals Tulsi Turmeric Face Wash’, ‘Everyuth Naturals

Moisturising Fruit Face Wash’, ‘Everyuth Naturals Neem Face Wash’, ‘Everyuth
Naturals Tan Removal Scrub’, ‘Everyuth Naturals Tan Removal Pack’, ‘Everyuth
Naturals Brightening Lemon and Cherry Face Wash’, ‘Everyuth Naturals Sub Block
Lotion’, ‘Everyuth Naturals Nourishing Aloevera and Cucumber Gel’, ‘Everyuth
Naturals Nourishing Cocoa Body Lotion’, ‘Everyuth Naturals Soothing Citrus Aloe
Body Lotion’, ‘Everyuth Naturals Sun Care Berries Body Lotion’, ‘Everyuth Naturals
Rejuvenating Flora Body Lotion’ (Hereinafter collectively referred to as
‘EVERYUTH Family of Marks’).

Apart from the common law rights that accrue in favor of the Opponent in respect of
its trade mark “‘EVERYUTH?, the Opponent is also the registered proprietor of the
well-known trade mark ‘EVERYUTH’ in India. The details of the Trade Mark
registrations in India are provided below:

Trade Mark Class | Application Date of User claim Status

No. Application

EVERYUTH 03 669900 21/06/1995 31/12/1995 Registered ~

Valid till
21/06/2025
 EVERYUTH 03 1719734 11/08/2008 | Proposed to be| Registered —
MENZ used Valid till
11/08/2028

EVERYUTH X- 03 1719733 11/08/2008 |Proposed to be| Registered —

MEN used Valid till

11/08/2028

EVER YUTH 03 1212426 08/07/2003 30/06/2002 Registered —

Valid till
08/07/2023

It is submitted that for the sake of full disclosure, the Opponent has filed a request to
bring itself as the subsequent proprietor on record in respect of Registration Nos.
669900 and 1212426 with the Trade Marks Registry. The said requests are pending to
be processed by the Trade Marks Registry. The remaining registrations are subsisting
in the name of the Opponent itself, i.e., Zydus Wellness Limited.

APPLICANT’S MARK

The present Opposition is being filed against the application for the trade mark
“YOUTH CONCEPT” bearing Application No. 5840992 in Class 03 (hereinafter
referred to as the “Impugned Mark”) in the name of Nirav Desai (hereinafter referred
to as the “Applicant”). The Impugned Mark has been filed in respect of goods being
“Cosmetics, Cosmetic kits, Perfumery and fragrances, Body cleaning and beauty care
preparations, Make-up, Soaps and gels, Bath preparations, Skin, eye and nail care
preparations, Hair preparations and treatments, Hair removal and shaving
preparations” on 9% March 2023 with a user claim of 30 September, 2022, which is
specifically denied. The Applicant is put to strict proof pertaining to the user claim. In
any case, no amount of user can cleanse the malafide adoption of the Impugned Mark
by the Applicant.
 It is submitted that the Impugned Mark “YOUTH CONCEPT” is devoid of any
distinctive character and is not capable of distinguishing the goods associated with the
Impugned Mark from those of others and the Opponent. Therefore, the registration of
the Impugned Mark is contrary to Section 9 of the Trade Marks Act, 1999 and thus, the
Impugned Mark needs to be refused on this ground alone.

It is also submitted that the application for registration of the Impugned Mark is
contrary to the provisions of Section 18(1) of the Trade Marks Act, 1999, as the
Applicant is not and cannot be the proprietor of the Impugned Mark.

10. It is submitted that grave harm and injury would be caused to all the members of trade
channel including the Opponent if the non-distinctive Impugned Mark is allowed to be
registered. The registration of the Impugned Mark shall be completely against the object
and preamble of the trade marks law which reads as “An Act to amend and consolidate
the law relating to trademarks, to provide for registration and better protection of trade
marks for goods and services and for the prevention of the use of fraudulent marks.”

11, In view of the facts and circumstances stated herein above, the above grounds and
reasons set out in the premises and in order to maintain the purity of the register in the
interest of the general public, we respectfully submit that it is a fit and proper case for
the exercise of the Registrar’s discretion under Section 18(4) of the Trade Marks Act,
1999 in favor of the Opponent by denying registration to the Impugned Mark applied
for.

12. In the circumstances enumerated above, the registration of the Impugned Mark in the
name of the Applicant will be contrary to the provisions of Section 9, 18(1) and 18(4)
of the Trade Marks Act, 1999.

13. We crave leave to modify, amend and/ or add to or alter any of the foregoing grounds,
evidence and reasons at the appropriate stage.

14. 1t is therefore prayed that in view of the above submissions, grounds and statements:
a. This Notice of Opposition be allowed;
b. The Application for registration of Application No. 5840992 in Class 03 for
registration of the trademark “YOUTH CONCEPT” in the name of Nirav
 Desali, be refused; and

c. The cost of these proceedings be awarded to the Opponent.

All communication is respect of the above proceedings may be sent to the following address
in India:
SAGAR CHANDRA & ASSOCIATES
S-22, PANCHSHILA PARK,
NEW DELHI-110017
E-mail: office@scalegal.in
Dated this 16" day of January 2024

e
Zydus Wellness Limited
Through their Advocate

Ms. Soumya Sehgal

D/4526/2017
Sagar Chandra and Associates
VERIFICATION:

Verified at New Delhi on this 16™ day of January, 2024 that the contents of paragraphs 1 to 6
are based upon the records of the Opponent maintained in the ordinary course of business and
have been conveyed to me and true to my knowledge and/or believed to be true, and those in,
paragraphs 7 to 13 are factual and legal submissions and paragraph 14 is the prayer before this
Hon’ble Tribunal.
Zydus Wellness Limited
Through their Advocate

pre
Ms. Soumya Sehgal
D/4526/2017
Sagar Chandra and Associates
 M IR~

Trade Marks Journal No: 2122, 18/09/2023 Class 3

YOUTH CONCEPT
5840992 09/03/2023
NIRAV DESAT
B102 Neelkant Nagar CHS, Sawant Wadi, LBS Marg, Chirag Nagar, Ghatkopar West
Individual Sole Proprietor of Arians Industry
Address for service in India/Attorney address:
BHAVIK SALIA
703, Vijay Tower, Dr. Lazarus Road, Charai, Thane West, Thane, Maharashtra - 400 602
Used Since :30/09/2022
MUMBAI
Cosmetics, Cosmetic kits, Perfumery and fragrances, Body cleaning and beauty care preparations, Make-up, Soaps and
gels, Bath preparations, Skin, eye and nail care preparations, Hair preparations and treatments, Halr removal and shaving
preparations

428
 WW lmmm
INDIA NON JUDICIAL
Government of Gujarat
2uniaepy 222

Certificate of Stamp Duty

018

Certificate fio. M&a 8817099

Certificate Issued Date 1115-Apr-2023 10:16Al
Account Reference IMPACC (AC)/ gj13265911/ GULBAI TEKRA/ Gfi;ilfi s
Unique Doc. Reference SUBIN-GJGJ1326591118699427498259V o :»

Purchased by 2YDUS WELLNESS LTD

Description‘of Document Ahide 45 (h) Power of Attorney (in any other case)

Description Noti Applicable

Consideration Price (Rs.) 0

(Zero)

First Party ZYDUS WELLNESS LTD

Second Party Not Applicable

Stamp Duty Paid By ZYDUS WELLNESS LTD

Stamp Duty Amount(Rs.) 300

(Three Hundred only)

/' 0000082718
 T™M-M
THE TRADE MARKS ACT, 1999
Form of authorization of an agent
[Section 145; Rule 19]

We, Zydus Wellness Limited, having our address at Zydus Corporate Park, Scheme No.
63, Survey No. 536, Khoraj (Gandhinagar), Nr. Vaishnodevi Circle, Sarkhej —
Gandhinagar Highway, Ahmedabad — 382481, Gujarat, India, hereby authorize Mr.
Sagar Chandra (Enrolment Number: D/617/2004), Ms. Ishani Chandra (Enrolment
Number: D/619/2004), Ms. Surabhi Iyer (Enrolment Number: D/1810/2012), Ms.
Srijan Uppal (Enrolment Number: D/1628/2016), Ms. Soumya Sehgal (Enrolment
Number: D/4526/2017), Ms. Medha K. Avasia (Enrolment Number: MAH/4945/2017)
Ms. Shubhie Wahi (Enrolment Number: D/2419/2018), Ms. Lavni Kashyap (Enrolment
Number: D/3518/2019), Ms. Ankita Seth (Enrolment Number: D/2481/2020), Ms.
Anisha Roy (Enrolment Number: TS/1851/2020), Ms. Sanya Kapoor (Enrolment
Number: D/5525/2021), Ms. Paridhi Gupta (Enrolment Number: D/1671/2022), Mr.
Viraj Singh (Enrolment Number: D/2188/2022) and Ms. Akshita Bhaskar (Enrolment
Number: D/5168/2022), Ms. Pallavi Kapur (Enrolment Number: D/9109/2022)
Advocates of SAGAR CHANDRA & ASSOCIATES, Advocates, S-227, Panchshila
Park, New Delhi — 110017, India to act as our agents for the Trademark registrations,
oppositions, objections, assignments, rectification and all such matters where we are a
party or are interested in the prosecution.

All communications relating thereto may be sent to such agent at their address given
above.

We also authorize the said agent to appoint any person or persons on our behalf to attend
and conduct the cases and/or proceedings. We hereby ratify and agree to ratify all acts
and deeds done by the said agents(s).

We also hereby revoke all previous authorizations, if any, in respect of the proceedings.

Dated this 3 day of May, 2023

Name: Neha Ramani

Authorized Signatory
Zydus Wellness Limited

To,
The Registrar of Trademarks,
The Office of the Trade Marks Registry,
New Delhi/Mumbai/Kolkata/Chennai/Ahmedabad