Parle Opposition in Australia

In September 2010, Parle Products Pvt. Ltd. (‘Applicant’) represented by R. K. Dewan & Co. and the Australian attorneys – IP Gateway, were successful in obtaining an order for costs and removal of the Trade Mark ‘PARLE’ which has been registered in the name of Nina Bhavangiri (‘Opponent’), who was Parle Product’s Erstwhile Distributors.

According to the Australian Trade mark Act if a trade mark has remained registered for a continuous period of 3 years and, at no time during that period, the person who was then the registered owner: used the trade mark in Australia or used the trade mark in good faith in Australia; then any person may apply to have such trade mark removed from the Trade Mark Register.

Parle Products, the Applicants in 2008 applied to remove the Trade Mark ‘PARLE’ from the trade mark register inter alias, on the grounds that:

• the Trade Mark ‘PARLE’ had been wrongly
adopted and registered by the opponent, Ms. Nina Bhavangiri and also,

• the opponent had not used the Trade Mark Parle in Australia for a period of three years before 2008 when the proceedings had been initiated.

The Delegate of the Registrar of Trade Marks (‘Delegate’) after hearing both the parties found that the Opponent had not for the relevant period used the Trade Mark ‘PARLE’. The Delegate did not go into the merits of the rightness or wrongness of the use or adoption but confined himself to the question whether there has been commercial use of the trade mark by the Opponent within the relevant period. After evaluating the evidence put forth by both parties the Delegate found in favour of Parle Products Pvt. Ltd. and ordered that the Trade Mark ‘PARLE’ be removed form the TM Register and also ordered the Opponent to pay costs to the Applicant.