Case: C.R. Auluck & Sons Pvt. Ltd., Ludhiana Vs Rita Mechanical Works, Ludhiana. Trademark Tribunal

CounselFor Appellant: Mr. D.K. Dhingra, Advocate and For Respondents: Mr. Amarjeet Singh, Advocate
JudgesOm Parkash, DRTM
IssueTrade and Merchandise Marks Act, 1958 - Section 56(4); Civil Procedure Code - Section 151
Citation1993 (13) PTC 322 (Reg)
Judgement DateSeptember 28, 1993
CourtTrademark Tribunal

Judgment:

Om Parkash, DRTM

  1. Proceedings herein relate to rectification of entry made on the Register under the Registered Trade Mark MERCEDES under No. 322633 in class 7 in respect of sewing machines and parts thereof (except needles) for export. The facts in brief of this case are- (1) application No. 322633 was filed by M/s. Rita Mechanical Works, 416, Industrial Area A, Ludhiana-141003. Consequently, the said application was treated as withdrawn and Opposition No. DEL-2817 was treated as closed vide order dated 28.2.1983 of the then Learned Deputy Registrar of Trade Marks.

  2. Besides, the above said application No. 322633 was also opposed by M/s. Shuttles (India), E-133, Focal Point, Ludhiana-141010 under Opposition DEL-2800. Subsequently, the above-said opposition was treated as withdrawn, with no order as to the costs and that Application No.322633 was ordered to proceed to registration vide Order dated 18.10.1985 of the Senior Examiner of Trade Marks.

  3. The perusal of the record present on file depicts that Application No. 322633 was withdrawn and Opposition No. DEL-2817 closed vide order dated 28.2.1983 of the then Deputy Registrar of Trade Marks whereas the same application bearing No.322633 (withdrawn) was ordered to proceed to registration in Opposition No. DEL-2800 by order dated 18.10.1985 of the then Senior Examiner of Trade Marks. It may be concluded that the withdrawn application No. 322633 was absolutely wrongly ordered to proceed to registration. However, the registration of the above-said application No.322633 was renewed from time to time. Ultimately the error/mistake came into the notice of the Trade Marks Registry as a result of which the Ld. Registrar took action under Section 56(4) on his own motion. Resultantly, the notices under Nos.10078 dated 11.1.1993 10079 dated 11.1.93 were issued to M/s. Acme Company, Jaipur Estate, Nizamuddin East, New Delhi-13 and Shri D.K. Dhingra, Advocate 1525, G.T. Road, Miller Ganj, Ludhiana-141003 respectively. The text of this notice is reproduced as under: -

    "Sir,

    I have to inform you as under: -

    The application No. 322633 involved in opposition No. DEL-2817 in the name of M/s Rita Mechanical Works, Ludhiana was filed on 2nd February, 1977 under the trade mark "MERCEDES" in respect of 'sewing machines and parts thereof' (except needles) included in Class-7.

    The application No. 322633 has been ordered as withdrawn involved in Opposition No. DEL-2817 and the opposition is also shown to have been closed vide order dated 28.2.1983 of the them Ld. Deputy Registrar of Trade Marks, Sh. M.R. Bhalerao;

    In the light of the above, it appears that the certificate of registration bearing No. 322633 under the trade mark "MERCEDES" in class 7 has been issued through inadvertence/casual slip. I, therefore, request you to kindly return the said certificate within...

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