Trademark Court October 2006 Judgments
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Omzee Vs. Zee
Court: Trademark
Decided on: Oct-10-2006
1. An application No. 1122804 dated 31.7.2002 for trade mark OMZEE was made by M/S. Zenon Healthcare Ltd. Ahmedabad, Gujarat (hereinafter referred to as applicants in class 5 for medicines & pharmaceuticals claiming user from 18.7.2002. The mark was ordered to be advertised before acceptance and the same was advertised in the trade marks journal Mega 5 dated 14.11.2003. An opposition thereto was filed by M/s. Zee Telefilms Ltd., Worli, Mumbai, Maharashtra (hereinafter referred to as opponents). After taking on record counter statement and opponents' evidence, the applicants were called upon to file evidence in support of application. The applicants in reply relied upon the counter statement. As the applicants' did not file any evidence the stage of filing of opponents' reply evidence had to be skipped and final hearing was fixed on 21.10.2005.2. Ms. Sejal Shah being representative from the Advocates' firm requested that the matter be decided on the basis of the records available a...
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