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Form TM-O

The Trademarks Act, 1999

Fee: INR 2,700 Agent code: 6973

Counter statement by Applicant

[Sections 21(2), Rule 44]

IN THE MATTER OF Opposition number 865317 to application number 3236919 in

class 41 for registration of trademark (hereinafter referred to as MedEd

Academy Logo) in the name of Dr. Adrija Rahman, trading as Meded Academy having

its place of business at House-16, Cluster-VI, Purbachal Housing Estate, Sector-III, Salt

Lake, Kolkata-700097. (Hereinafter referred to as Applicant)

AND

Opposition Notice filed by SIMS HEALTHCARE PVT. LTD (Hereinafter referred to as

the Opponent), having its place of business at Plot No.26, Amar Society, Madhapur,

Hyderabad (T.S).

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INTELLOCOPIA IP SERVICES, #120, 4th Floor, Dr. Rajkumar road, 1st Block, Rajajinagar, Bangalore- 560010
Regd. Office at: #29, SHESHASRI, I C Cross, SN Layout Basaveswarnagar, Bangalore-560079
Ph: 08023521978; Cell :+919448085810; e-mail: info@ipcopia.com
Meded Academy, the Applicant for registration of the above trademark hereby humbly

submits that the following are the grounds on which we rely on our application.

1. At the outset, the Applicant denies and disputes all the averments and contents

of Notice of Opposition dated 07/02/2017 and received on 13/02/2017. The

Applicant reserves their rights to dispute the veracity of claims made by the

Opponent in the notice.

2. The academy was founded by Mr. Dr Vishnu Sunil B N, Dr Anupama Nagaraja

and Dr. Adrija Rahman and has been successfully running since 27.01.2016. One

of the aims of MedEd Academy is to provide quality medical training for family

physicians and other health care professionals. The Applicant has been

instrumental in creating confident, self-motivated, passionate and well qualified

primary healthcare teams.

3. The Applicant has been consistently striving to promote a culture that prioritizes

cost-effective primary care. The Applicant also provides various medical courses

as well as intensive medical orientation programmes, hereinafter collectively

referred to as business and has also developed specific content for the same.

The Applicant has invested considerable capital as well human resources in

enabling the business. Further, the Applicant provides the business both

through online as well as offline mode.

4. In lieu of the objectives as stated in Paragraph 3, the Applicant applied for a

domain name and subsequently registered the same as

www.mededacademy.com
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INTELLOCOPIA IP SERVICES, #120, 4th Floor, Dr. Rajkumar road, 1st Block, Rajajinagar, Bangalore- 560010
Regd. Office at: #29, SHESHASRI, I C Cross, SN Layout Basaveswarnagar, Bangalore-560079
Ph: 08023521978; Cell :+919448085810; e-mail: info@ipcopia.com
Considering the widespread use, promotion and excellent quality of the services

provided by the Applicant under the MedEd Logo, the Applicant enjoyed and

continues to enjoy solid and enduring reputation in the relevant field.

5. Due to the increasing popularity and demand for the business, the Applicant

sought to register the MedEd Logo, as a trademark and filed an application

before the Registry on 18/04/2016 under class 41. The logo of the Applicant is an

artistically designed logo. The Applicants logo contains a graduation cap and an

open book in black color. In addition to this, there is a wing like structure

emanating from the book, which is placed in between the graduation cap and the

book, symbolizing the liberation of an individual subsequent to empowerment of

skills, imparted by the Applicant. The strategic positioning and utilization of

symbols and devices, as part of the logo along with the name MedEd, has

rendered the logo distinct. Further, the color combination adopted for the logo

not only makes the logo striking, but also makes it distinctive in such a way that

even any consumer with average memory and imperfect recollection can

distinguish the Applicants services from those of others engaged in similar

business.

6. The Applicant states it has been making an honest and continuous use of the

MedEd Logo. The Applicants logo has acquired considerable recognition and

goodwill among the public. The Applicant through its widespread usage and

promotion has carved a unique niche for its logo among the minds of public. The

Applicant has expended arduous efforts and resources in advertising to promote

its brand and products extensively across the country. Hence, the Applicant in

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INTELLOCOPIA IP SERVICES, #120, 4th Floor, Dr. Rajkumar road, 1st Block, Rajajinagar, Bangalore- 560010
Regd. Office at: #29, SHESHASRI, I C Cross, SN Layout Basaveswarnagar, Bangalore-560079
Ph: 08023521978; Cell :+919448085810; e-mail: info@ipcopia.com
pursuant to the receipt of the notice of opposition herewith submits the

following:

a. The contents of the Paragraph 1 to 3 are denied and the Opponent is put

to strict proof thereof. As per the contents of Paragraph 3 of the

opposition, it is vehemently denied that the Applicants logo and the

Opponents Logo are both structurally and phonetically similar. It is

submitted that the structure and get up of the logos are completely

different thus eliminating any ground of confusion. The Opponent has

strongly vouched that their mark is well known and the same is not true.

This statement has been made repeatedly by the Opponent without any

substantial evidence of the same.

b. The contents of Para 4 are denied. It is submitted that, the contents of Para

6 are not true and is subject to strict proof thereof. The Applicant

categorically denies the contents of Para 6 and Para 7.

c. The assertions made in Paragraph 9 to 12 are not true and are rebuttable.

The opponent has stated in Para 10 of the notice that there is existence of

consumer confusion due to similarity in the marks. In continuance to the

averments of Para 5, the Applicant reiterates the fact that the trademark as

applied by the Applicant is distinct and different , both in terms of

structure and appearance with respect to the Opponents mark. Further,

the mark of the Applicant has been adopted and been used honestly and

lawfully without affecting any legal or moral rights of any third party

including the Opponent. Since, the applicant mark is distinct and

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INTELLOCOPIA IP SERVICES, #120, 4th Floor, Dr. Rajkumar road, 1st Block, Rajajinagar, Bangalore- 560010
Regd. Office at: #29, SHESHASRI, I C Cross, SN Layout Basaveswarnagar, Bangalore-560079
Ph: 08023521978; Cell :+919448085810; e-mail: info@ipcopia.com
completely different from the Opponents mark, there is no inherent or

apparent Passing Off committed by the Applicant.

7. The contents of the Notice of Opposition are vehemently denied. Contrary to this

the Applicant humbly prays that the claim made by the Opponent must be

disallowed as malafide intention is evident in the given case and the sole

intention of the Opponent is to harass the Applicant and to put the Applicant

under great loss. Therefore, the Opposition should be dismissed in - limine.

8. Therefore, in the light of above, the Opponent does not deserve any exercise of

discretion in their favor and the Opposition should be dismissed without any

further delay. Having regard to the principles of natural justice and fair play, the

impugned Opposition ought to be refused and the Applicants mark may be

processed for registration in accordance with Section 12 of the Trademarks Act,

1999.

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INTELLOCOPIA IP SERVICES, #120, 4th Floor, Dr. Rajkumar road, 1st Block, Rajajinagar, Bangalore- 560010
Regd. Office at: #29, SHESHASRI, I C Cross, SN Layout Basaveswarnagar, Bangalore-560079
Ph: 08023521978; Cell :+919448085810; e-mail: info@ipcopia.com