Trademark Court February 2005 Judgments
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Asim Plast Pvt. Ltd. Vs. Reliance Industries Ltd.
Court: Trademark
Decided on: Feb-24-2005
Reported in: (2005)(31)PTC198Reg
1. This hearing is fixed in respect on Form TM-16 dated 10.2.2004 filed by the applicants. Ms. Meghasy Adhayaru, Advocate of Y.J. Trivedi & Co., for the opponents and Mr. T.N. Daruwala, Advocate instructed by Drashtee & Co. appeared for the applicants. Ms. Meghasy Adhayaru submitted that the applicant had filed the said request on Form TM-16 at the time, when the opponents had filed opposition against the impugned application and filing of the application to amend the user and adding substantial matter to the application (TM-1) is after thought and bad in law, and therefore, cannot be allowed. She submitted that the opponents have already replied in detail on receipt of a copy of the aforesaid TM-16 from the Registrar. She strongly objected the said request on Form TM-16 stating that it was contrary to the provisions of law and procedure enumerated in the Trade Marks Act and Rules framed thereunder. She pointed out that Section 18(4) of the Act provides the discretionary power...
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