Above application has been filed for registration of the trademark Maaax Wholesaler - Suwrna udyogatil paihile yashasvi marathi paul on 13/06/2022 which was examined on 05/12/2022 and examination report was communicated to the applicant at his address for service. A reply to the office objection(s) had been filed on behalf of the applicant but the same was not found satisfactory and the application was set down for hearing and eventually hearing took place before me on 25/02/2025.

          INAMDAR A N Attorney appeared before me and made his/her submissions. I have heard arguments and gone through the records.

           The mark applied for registration is identical with /similar to earlier trademarks on record, as mentioned in the Examination report and by similarity of marks as well as similarity of goods and services covered under such marks, there exists a likelihood of confusion in the mind of public. As such the registration of the mark is objectionable under Section 11(1) of the Trade Marks Act 1999
         
          Heard learned advocate, reply perused and same is not justified . Similar valid marks with same classification of services vide application no. 1322529 & 1452077 are already on record. Likelihood of confusion persist. The prominent mark in applied and cited application is " MAAAX & MAX . Applicant has failed to satisfy as to why the mark is adopted and cited marks are very known in respect of applied services . In general the applied mark lags on all count and for the purity of register the same can not be accepted. Applied mark is filed on proposed to be used basis on the other hand cited mark vide no 1322529 is filed dated 29/11/2004 with user since 19/08/2004 and other vide no 1452077 filed dated 28/04/2006 and user since 19/08/2004 therefore objection under Section (11) sustained. Trademark application is accordingly refused under Section 18(4) of the Trade Marks Act, 1999.

           After perusal of all the documents on record and submission made by the applicant / authorised agent, it is concluded that applied mark is not registrable because of the reason stated as above. Hence application no 5486384 cannot be accepted and refused accordingly.