OA/36/2012/TM/AMD and M.P. 143/2015 in OA/36/2012/TM/AMD. Case: 1. Jaya Jayammal Thakore 2. Dr. Riddhi Yatin Pandya 3. Dr. Shweta Kumaraswami Vs The Assistant Registrar of Trade Marks. Intellectual Propery Appellate Board Cases

Case NumberOA/36/2012/TM/AMD and M.P. 143/2015 in OA/36/2012/TM/AMD
Party Name1. Jaya Jayammal Thakore 2. Dr. Riddhi Yatin Pandya 3. Dr. Shweta Kumaraswami Vs The Assistant Registrar of Trade Marks
CounselFor Appellant: Sejal Shah, Adv.
JudgesShri K.N. Basha, Chairman and Shri Sanjeev Kumar Chaswal, Technicalmember (Trade Marks)
IssueProperty Law
Judgement DateDecember 17, 2015
CourtIntellectual Propery Appellate Board Cases

Order:

Shri K.N. Basha, Chairman

  1. The order under challenge in this appeal is dated 2/11/2011 passed by the Senior Examiner of Trade Marks, Ahmedabad dismissing the review petition filed by the appellant under Form TM - 57 dated 07/04/2010.

  2. Ms. Sejal Shah, the learned counsel for the appellant would submit that the appellant died on 29.11.2014 during the pendency of this appeal and as a result Miscellaneous Petition No.143/2015 is filed for bringing the legal heirs namely Dr. Riddhi Yatin Pandya and Dr. Swetha Kumarasamy and also filed the supporting documents and also sought for permission to file certain other documents. In view of the same, the registry is directed to amend the cause title mentioning the above sa id names in the place of original appellant. Similar request was also already made before the Registrar of trade marks to amend the name of the appellant.

  3. The learned counsel would contend that the appellant already preferred four rectification app lications in respect of the same trade mark and they are pending as on date before this bench and this appeal also may be tagged along with the said rectification applications. It is further submitted that the impugned order is liable to be set - aside as t he same was passed erroneously on facts and law. It is contended that the said rectification petitions have been filed on the ground of non use and as such this matter may be heard along with said petitions.

  4. We have carefully considered the...

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