M/S. Khushi Ram Behari Lal Vs. M/S New Bharat Rice Mills, Punjab and Another - Court Judgment

Excerpt:

Judgment:

ORDER (No.80/2012)

Prabha Sridevan, Chairman:

1. This is an appeal against the order of the Deputy Registrar reviewing the registration on the ground that it was granted pending the opposition proceedings. The Registration was granted for the mark “TAJ MAHAL“ in class 30 in respect of goods namely rice. The application number is 516978. The respondent had filed his opposition. After the registration was granted, the counsel for the respondent/opponent referred to the pendency of opposition proceedings. Thereafter, notice was issued under S.57 (4) and the impugned order was passed.

2. The learned counsel for the appellant submitted that in a batch of proceedings between the same parties in relation to the mark “TAJ MAHAL” a common order had been passed by this Board on 09.12.2011 and both parties had approached the Honble Delhi High Court under Article 226 and interim stay has been granted by the Honble Delhi High Court on 20.03.2012. The learned counsel for the appellant submitted that when the entitlement for the mark is pending decision of the Honble High Court of Delhi this matter may be adjourned since any way neither this Board nor the Registrar can take a decision in this regard. The learned counsel submitted that the appellant has not relied on this registration in any of the proceedings.

3. On the other hand the learned counsel for the respondent submitted that when the registration has been cancelled because the opposition proceedings are pending the order does not warrant any interference.

4. There is no dispute that the registration was granted pending the opposition proceedings and therefore, we cannot interfere with the order passed by the Deputy Registrar cancelling the registration. It appears that the Trade Marks Registry records show this application as registered. It may be corrected to “opposed”, and the opposition proceedings shall proceed in accordance with law. In view of the above, the appeal is dismissed. No order as to costs.

5. Let the order be communicated to the Registrar of Trade Marks for compliance.