Shiva Tobacco Company and Another Vs. the Registrar of Trade Marks and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1117630
CourtIntellectual Property Appellate Board IPAB
Decided OnSep-05-2011
Case NumberTA/2 of 2011/TM/DEL [CM (M) 8 of 1996], M.P.Nos. 5 of 2007 & 192-193 of 2010 in TRA/149 of 2004/TM/DEL & TRA/149 of 2004/TM/DEL [C.O.NO.11 of 1997], M.P.Nos.194-196 of 2010 in TRA/162-164 of 2004/TM/DEL & TRA/162-164 of 2004/TM/DEL [C.O.NO.22 to 24 of 2001]
JudgeTHE HONOURABLE SMT. JUSTICE PRABHA SRIDEVAN CHAIRMAN & THE HONOURABLE MS. S. USHA VICE-CHAIRMAN
AppellantShiva Tobacco Company and Another
RespondentThe Registrar of Trade Marks and Others
Excerpt:
(no.144/2011) prabha sridevan, chairman: 1. all these matters are appeal/applications filed under the trade and merchandise marks act, 1958. an application under order 23 rule 3 read with section 151 of the cpc has been filed before the additional district judge, karkardooma courts, delhi and the matters have been settled in terms of the said memo of compromise. accordingly, the following orders are passed: (i) ta/2/2011/tm/del is allowed. the application for registration of the trade mark filed by the appellant will proceed for registration; (ii) tra/149/2004/tm/del and tra/162-164/2004/tm/del are dismissed as withdrawn. (iii) all the miscellaneous petitions filed in the above matters shall stand disposed of. 2. there shall be no order as to costs.
Judgment:

(No.144/2011)

Prabha Sridevan, Chairman:

1. All these matters are appeal/applications filed under the Trade and Merchandise Marks Act, 1958. An application under Order 23 Rule 3 read with Section 151 of the CPC has been filed before the Additional District Judge, Karkardooma Courts, Delhi and the matters have been settled in terms of the said Memo of Compromise. Accordingly, the following orders are passed:

(i) TA/2/2011/TM/DEL is allowed. The application for registration of the trade mark filed by the appellant will proceed for registration;

(ii) TRA/149/2004/TM/DEL and TRA/162-164/2004/TM/DEL are dismissed as withdrawn.

(iii) All the miscellaneous petitions filed in the above matters shall stand disposed of.

2. There shall be no order as to costs.