Court : Intellectual Property Appellate Board IPAB
Decided on : May-09-2007
(Circuit Bench at Ahmedabad) Hon'ble Ms.S.Usha, Technical Member: Appeal challenging the order dated 8.6.2004 of the Assistant Registrar of Trade Marks, Ahmedabad in opposition No. AMD 58501 against application No.641893 in class 29 of the trade mark EKKA under the provisions of the Trade Marks Act, 1999 (hereinafter referred to as the Act) whereby treating the opposition as abandoned under rule 50(2) of the Trade Marks Rules, 2002 (hereinafter referred to as the Rules). 2. The second respondent herein filed an application for registration of the trade mark EKKA under No.641893 in class 29 in respect of edible oil on 03.10.1994 claiming user since 1986. The said application was advertised in the Trade marks Journal No.1236 at page 3671 dated 1.12.2000. The appellant herein filed notice of opposition in Form TM-5 opposing the said registration on various grounds. The second respondent filed their counter statement on 19.10.2001. on 5.12.2001 the appellants were served with the copy of...
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Jul-05-2007
(Circuit Bench at New Delhi) Honble Shri Z. S. Negi, Vice-Chairman: The applicants had filed two applications being C.O. Nos.11 and 12 of 1995 under section 56 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act) accompanied with list of documents along with documents and list of reliance before the High Court of Delhi for rectification of registered trade marks PRESTIGE under No. 335436B, as of 7.4.1978, in class-11 and PRE/STAGE under No. 283753B, as of 27.10.1972, in class-11, respectively. The said applications, upon transfer by the Honble High Court of Delhi to the Intellectual Property Appellate Board, in pursuance of the provisions of section 100 of the Trade Marks Act, 1999, were renumbered by the Appellate Board as TRA/ 8/2005/TM/DEL and TRA/9/2005/TM/DEL, respectively. 2. The applicant No.1, Prestige Housewares India Ltd. (the expression include the predecessor in business) claims to be floated in 1985 as a Joint Venture Company of the Prestige Gr...
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