Case: Dhantak & Company, Bombay Vs Padam Soap Works, Bombay. Trademark Tribunal

Party Name:Dhantak & Company, Bombay Vs Padam Soap Works, Bombay
Counsel:For Appellant: Mr. M.R. Nair, Advocate of M/s. R.K. Dewan & Co. and For Respondents: Mr. Mohan P. Mirchandani, Advocate
Judges:P. N. Havanur, DRTM
Issue:Trade and Merchandise Marks Act, 1958 - Section 97(c); Trade and Merchandise Marks Rules, 1959 - Rule 53(2); Civil Procedure Code - Order 47 Rule 1
Judgement Date:January 02, 1985
Court:Trademark Tribunal
 
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Judgment:

P. N. Havanur, DRTM

These proceedings arise out of an application for review dated 17th July, 1982 on form TM-57 under Section 97 (c) of the Trade and Merchandise Marks Act, 1958 by opponents. The review is sought against the order dated 12th May, 1982 whereby, by reason of the operation of sub-rule (2) of Rule 53 of the Trade and Merchandise Marks Rules, 1959, Opposition No. BOM-4936 was treated as abandoned. The circumstances which led to the filing of the application for review are as follows: -

On 21st September, 1979 an application for the registration of the trade mark consisting of a label containing letters P and H each in circle on the device of a soap cake under No. 353719 was filed in class 3 in respect of washing soaps, washing powder detergent powder and cleaning powder. The Application was examined in accordance with the provision of the Act and the objection was raised to the registration of the mark on the ground that the mark is not distinctive. However, on applicants' filing the evidence at the hearing subject to amending the specification of goods to read "washing soaps for sale in the State of Maharashtra" and subject to disclaimer of device of a soap cake, the application was ordered to be advertised in Trade Mark Journal No. 776 dated 1st October, 1981 at page 392.

On 17th November, 1981 the Petitioners/Opponents filed opposition to the above-mentioned application on the grounds inter alia that the registration of the mark applied for was contrary to sections 9, 11, 12 and 18 of the Act. The respondents/Applicants filed their counterstatment on 18th January, 1982. By the Trade Marks Registry letter No. TOP/10031 dated 22nd January, 1982, the Petitioners/Opponents attention was drawn to rule 53 of the Trade and Merchandise Marks Rules. 1959 (hereinafter referrd to as the Rules) with a direction that "If no evidence in support of opposition is left at this Registry, or if no intimation that the opponents do not desire to adduce any evidence is sent to this Registry, and to the Applicants, within two months from the receipt hereof by you, the opposition will be deemed to have been abandoned vide Rule 53(2)." Accordingly the Petitioners/Opponents were required to file their evidence/send intimation that they do not desire to adduce evidence by 26th March, 1982 or thereabout. As this stipulated period is provided only by the Rules and not by the Act, this period of two months can be extended by the Registrar...

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