Fee: Rs: AGENT CODE:

FORM TM-O
THE TRADE MARKS ACT, 1999

Form of Counter Statement

(Section 21 (2), 47, 57, 59(2) of the Trade Marks Act, 1999;
Rule 44 of the Trade Mark Rules, 2017)

BEFORE THE REGISTRAR OF TRADE MARKS,

TRADE MARKS REGISTRY,
NEW DELHI

IN THE MATTER OF Application No. 1060897763070 for the registration of trade

Formatted: Font: Bold
Formatted: Font: Book Antiqua, 12 pt, Bold
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mark “DAAWAT ” in the name of L.T. Foods Ltd., of the Formatted: Font: Book Antiqua, Bold

address, Unit No. 134, 1st Floor, Rectangle-1, Saket District Centre, Saket, New Formatted: Superscript

Delhi-110017

AND

IN THE MATTER OF Opposition No. 17078560871 thereto by Krishan Kishore

Khanna of the address 2, Luxmi Avenue, Outside Gate Bhagtanwala Amritsar-143001,
Punjab State, India.

We, LT Foods Ltd., (herein after referred to as ‘the Applicant’ and the said expression
shall include its predecessors, subsidiaries, group companies, sister concerns, assigns
in business), of the address Unit No. 134, 1st Floor, Rectangle 1, Saket District Centre, Formatted: Superscript
Saket, New Delhi 110017, hereby give reply to the Notice of Opposition, that the
following grounds are on which the Applicant relies in support of application for
registration.

PRELIMINARY OBJECTIONS:

1. At the outset, it is most humbly submitted that the Notice of Opposition has
been merely filed to unjustly harass and delay the registration of the
Applicant’s mark and, as such, is a blatant abuse of the process of law. The
claims made by the Opponent throughout the Notice of Opposition are
baseless, devoid of any merit or substance, and does not hold water.

2. It is submitted, that the present Notice of Opposition has been merely filed with
a malafide intention and without any merits. The word DAAWAT is not a
frequently used word or has attained any customary value under the current
language and therefore cannot deceive public or create any confusion. It is to
be noted, that the Opponent’s has malafidely filed the present opposition with
the sole motive to delay the registration of the Applicant’s trademark.

3. It is submitted that the word DAAWAT has attained a distinct Character due
to its long usage and has become a well-known trademark. People relate to
DAAWAT as a common name for premium quality of rice including the
infamous Basmati rice. It is to be noted that DAAWAT is not a common word
in current language and hence, monopolistic right can be granted to the
Applicant.

2.4.It is submitted that the word DAAWAT does not Imitate any earlier trade mark
and similarity of goods or services covered by the trade mark. It is a well settled
principle of law that the two trademarks should be compared and considered
 in its totality. The Applicant has filed for the trademark
“DAWAAT”, and is claiming exclusivity over the trademark as a whole. It is to
be noted, that the Opponent’s has malafidely filed the present opposition with
the sole motive to delay the registration of the Applicant’s trademark.

Opponent’s mark was not cited in the Examination Report

3.5. It is submitted that the Opponent’s mark was never cited by the Examiner of
Trade Marks at the time of examination of the application for the trade mark

DAAWAT under no. 1030897763070 in Class 30. It,

therefore, follows that even the Trade Marks Registry itself considers the trade

mark DAAWAT to be different and distinguishable from

the proprietors of the other trademarks.

About the Applicant

4.6. The Applicant is an extremely well-known company incorporated and existing

under the Indian Companies Act, 1956. The Applicant was originally
incorporated as L.T. Overseas Limited, which name was subsequently changed
to LT Foods Limited, its present name, on September 25, 2008. The Applicant is
engaged in the business of manufacturing, processing and selling of ‘Basmati
Rice’ and other wide variety of food items for the last several years.
5.7. It is submitted that the Applicant, through its various group companies and
sister concerns, is one of the most well-known and reputed manufacturers and
processers of ‘Basmati Rice’ and other food products.

6.8. That the Applicant’s trademark “D /“DAAWAT” is sold

extensively across India and is also exported to various countries around the
world. The sales turnover of goods under the Applicant’s mark

“ /“DAAWAT” have been substantial. Further, the

Applicant has spent and continues to spend huge amounts of money in
advertising and promoting its products under the mark “DAAWAT”. The
Applicant has also extended its business under the mark “DAAWAT” to
various services, including food chains and retail services.

7.9. The Applicant is ranked amongst the top 10 food processing companies in
Northern India and top 50 companies according to Dun and Bradstreet in the
8th edition of India’s top 500 companies. The Applicant is the leading processor,
manufacturer of rice and other foods for human consumption in India. The
Applicant is engaged in the business of processing and marketing of rice, along
with other food related products.

8.10. That the trade mark / “DAAWAT” by virtue of prior,

long, continuous, extensive and exclusive user for the last more than two
decades has become distinctive and the same is associated exclusively with the
name of the Applicant by the trade channels and the purchasing public.
9.11. That the Applicant has also registered/applied for registration of several

“DAAWAT” formative marks, both in India and abroad.

The details of the mark “DAAWAT” registered/pending registration in the
name of Applicant in India are set out below:
Mark Application/ Class
Registration
No.
763064 30

DAWAT 483041 30

763065 30

763066 30

763067 30

DAAWAT POPULAR 763068 30

BASMATI RICE
763069 30
 763070 30

DAAWAT 1060897 30

DAAWAT BASAMATI 1060898 30

RICE
DAAWAT-A-SHAAN 1242379 30

SHAAN-A-DAAWAT 1242380 30

DAAWAT 1294427 30

1301649 30

DAAWAT FLAVORS 1301650 30

1301651 30

10.12. It is further submitted that at the appropriate stage of the proceeding, the
Applicant shall produce cogent and sufficient evidence to substantiate the
above claims and those that have been made as a rebuttal to the Opponent’s
allegations herein below. Additionally, the Applicants deny all averments,
statements and allegations made in the Notice of Opposition which are
contrary to or inconsistent with what has been stated hereunder and nothing
herein shall be deemed to have been admitted for want of specific denials.
THE APPLICANTS NOW DEALS WITH THE CONTENTS OF THE NOTICE OF
OPPOSITION AS UNDER:

11. The contents of Paragraph 1 of the Notice of Opposition requires no Counter-

Statement.are denied for the want of knowledge. The Opponent is put to strict
proof in support of the aforesaid contentions.
13.
12.14. The contents of Paragraph 2 of the Notice of Opposition are frivolous, baseless
and hence denied. It is vehemently denied that the present application for

registration of the mark “DAAWAT” i is not

maintainable under the Act. It is submitted that the Applicants have both
common law as well as statutory rights over the trade mark. It is further denied
that the Applicants were not in existence in 1984 nor the Applicants Trade Mark
was in use on January 01, 1984. It is submitted that the Trade mark

“DAAWAT” was originally incorporated as L.T.

Overseas Limited, which name was subsequently changed to LT Foods
Limited, its present name, on September 25, 2008. Necessary steps have been
taken for recordation of the said change and the Applicant reserves its right to
provide documents in respect of the same at appropriate stage of the
proceeding.

13.15. The contents of Paragraph 3 of the Notice of Opposition are irrelevant and
hence denied. It is denied that the trade mark “DAAWAT” is a laudatory word.
It is submitted that the Applicants have been using the trade mark
“DAAWAT” for about thirty-four years. Therefore, anyone who comes across
 the trade mark “DAAWAT”/ w will associate the same
with the Applicants. Thus, the contentions of the Notice of Opposition are
made just to harass and over-ride the reputation and goodwill of the
Applicants.

14.16. The contents of Paragraph 4 of the Notice of Opposition are baseless, irrelevant
and thus denied in totality. It is vehemently denied that the Applicants’ mark

“DAAWAT” is of non-distinctive character and

descriptive in nature and should be open for use by the traders and public at
large. It is submitted that the Applicants have exclusive right to the use the

trade mark “DAAWAT””/ through extensive and

widespread use and the Applicants have been successful in restraining third
parties from adopting and using the trade mark “DAAWAT” through various
legal actions. It is denied that the Applicants trade mark “DAAWAT” is not a
well-known mark and that the Applicant cannot claim exclusive right over the
trade mark. It is vehemently denied that the Applicants trademark describes
rice to be used for only in feasts and parties. It is reiterated that the Applicants

trademark “DAAWAT”/ by virtue of prior, long,

continuous, extensive and exclusive user for the last more than two decades
has become distinctive and the same is associated exclusively with the name of
the Applicant by the consuming public and trade.
15.17. The contents of Paragraph 5 of the Notice of Opposition are false, baseless and

hence denied. It is denied that the trademark /

“DAAWAT” is descriptive for rice that it can never become distinctive within
the meaning of Section 9 of the Act nor any exclusive proprietary rights in
respect thereof can be acquired by anyone, despite its adoption and use for any
number of years. The Opponent is put to strict proof in support of the aforesaid
contention. It is vehemently denied that the Applicant’s claim of proprietorship
is false and dishonest to the knowledge of the Applicants itself and as such the
present application is liable to be refused for registration. It is submitted that
the Applicant is the prior adopter and user of the mark “DAAWAT”

and due to such long and extensive use of the trademark

by the Applicant, the mark is associated with none but the Applicant. It is thus
denied that the Applicant’s proprietorship is false and dishonest and it is
strongly denied that the application is liable to be refused registration.

16.18. The contents of Paragraph 6 of the Notice of Opposition are frivolous, baseless
and thus denied. With regard to the Trademark Journal No. 1108 dated 01-08-
1995 relating to advertisement of Application No. 490179, it is submitted that
the same is reflecting as ‘Abandoned’ per the online records of the Trade Marks
Registry. Further, with regard to the Trademark Journal No. 1208 dated 08-10-
1999 relating to advertisement of Application No. 522128, as per the online
database of the Registry, the mark has been ‘Removed’ from the Trade Mark
Registry database. Further the said application was opposed by the Applicant
itself. The order of removal has also been uploaded in the database of the
Registry. It is therefore denied that the registration of the Applicant’s mark is
 contrary to the provisions of Section 11(1) and 11(2) of the Act. It is submitted

that the Applicant is the proprietor of the trade mark /

“DAAWAT” and therefore, the registration of the Applicants mark is within

the meaning of Section 18(1) of the Act. With respect to the above mentioned
submissions it is submitted that the Opponent is making the false, baseless and
ludicrous claim in order to just delay the registration of the applicant’s
trademark.

17.19. The contents of Paragraph 7 of the Notice of Opposition are baseless and thus
denied in totality. It is submitted that the Applicant is the bonafide adopter and

user of the mark “DA AWAT” and are entitled to the

benefits under Section 12 of the Act. As such, it highly misconceived to state
that the Applicant is not even entitled to the registration applied for under
Section 12 of the Act.

18.20. The contents of Paragraph 8 of the Notice of Opposition are false and baseless
and thus denied in totality. It is strongly denied that the application is contrary
to the provisions of Sections 9, 11(1), 11(2), 12 and 18(1) of the Trade Marks Act,
1999.

19.21. The contents of Paragraph 9 of the Notice of Opposition are frivolous in nature
and thus denied. It is vehemently denied that no hardships will be caused to
the Applicants if their application is refused for registration. It is submitted that
the Applicants have expended enormous amounts of time, money and effort in
 the advertisement and promotion of the trademarkk /

“DAAWAT” which is a well-known trade mark within the meaning of Section

2(1)(zg) of the Trade Marks Act, 1999. Therefore, in case third parties are

allowed to adopt and use the similar trade mark

“DAAWAT”, the same will cause huge hardship to the Applicant.

20.22. The contents of Paragraphs 10 and 11 of the Notice of Opposition are baseless
and irrelevant and are thus denied. It is denied that the present application be
refused registration and the Notice of Opposition be allowed and the costs of
the proceedings be awarded to the Opponent. It is submitted that the Applicant

is the proprietor of the trade mark “k /“DAAWAT”. The

Opponent is trying to harass the Applicant by filing the Notice of Opposition
and detailing conflicting citations which do not even exist. The Opponent has
no basis of filing the present Opposition except to delay the registration of the
Applicant’s mark. It is highly misconceived to state that the instant application

for registration of the trademark “DAAWAT” be

dismissed/rejected and that the instant notice of opposition be granted in toto
with costs. It is most respectfully submitted that the instant opposition has been
filed with the sole intent to harass the Applicant and to delay the registration
of the Applicant's mark.
21.23. In view of the above facts and submissions, it is humbly prayed that the
Learned Registrar may be pleased to –

a. Opposition No. 170785160871 of the Opponent be dismissed;

b. allow Application No. 1060897763070 for the mark “DAAWAT”

in Class 30 to proceed to registration;

c. Cost of the proceedings be awarded in our favour and against the Opponent;
d. Any other and further orders in the interest of justice be granted.

All communications in relation to these proceedings may be sent to the following

address in India:
SAIKRISHNA & ASSOCIATES
B-140, SECTOR 51,
NOIDA- 201301,
UTTAR PRADESH
Email: tm@saikrishnaassociates.com
Phone: 0120-4633900

Dated this ____ day of NovemberApril, 2019

For LT FOODS LTD

_____________________________
SAIKRISHNA &
ASSOCIATES
Advocates for the
Applicant

VERIFICATION
I, __________, Advocate, working with Saikrishna & Associates, Advocates for
the Applicant, hereby verify that I am acquainted with the facts of the present
case and state that the averments made in Paragraphs 1 to 10 of the Counter
Statement are derived from the records of the Applicant which is believed to be
true, the contents of Paragraphs 11 to 20 are based on legal principles and
precedents and the averments made on Paragraph 21 of the Counter Statement
are in the nature of prayer to the Learned Registrar.

Verified at Noida on the _________th day of April, 2019

___________________________

of Saikrishna & Associates

To,
The Registrar of Trade Marks,
Trade Marks Registry,
New Delhi