Case: Embassy of Peru, (Ambassador of Peru to India) Vs Mohan Dewan, Asociacion De Productories De Pisco A.G. of Los Carrera, represented by Krishna and Saurastri. Trademark Tribunal

Order:

G.L. Verma, Assistant Registrar of Trade Mark and GI

1. The brief fact of the case is that an application called PISCO GI filed by Embassy of Peru, (Ambassador of Peru to India), C-1/24, Vasant Vihar, New Delhi - 110057 on 29th September, 2005 under No. 43 in respect of Alcoholic beverages (goods) in Class 33. The said Application was scrutinised and formality check report was forwarded to the Applicant. The Applicant has submitted their reply in response to formality check report within time. The matter was proceeded further to constitute Consultative Group Committee to examine the application filed in respect to the PISCO. After examination of said Application it was accepted for Registration.

2. Accordingly, the application was published in GI Journal No. 13 dated, 18th September, 2006. The Notice of Opposition was filed by (i) Mr. Mohan Dewan, Room No. 38, Podar Chambers, S.A. Brelvi Road, Fort Mumbai-400001, on 11th December, 2006 and (ii) Asociacion De Productories De Pisco A.G. of Los Carrera N 380, Depto. 414, La Serena, Chile represented by M/s. Krishna & Saurastri, 74 F. VENUS, Worli Sea Face Worli, Mumbai-400018 on 17th January, 2007. The Notices of Opposition was forwarded to the Applicant and the Applicant has filed their Counter Statement denying the general allegations made by the Opponent in their Notice of Opposition. The Counter Statement was forwarded to the Opponents. The first Opponent Mr. Mohan Dewan has not filed any Evidence in Support of Opposition but relied on the Notice of Opposition filed by him. The second Opponent M/s. Krishna Saurastri filed their evidence in support of Opposition vide Affidavit on 1st September, 2008 with a copy to the Applicant. The Applicants have also filed their Evidence in support of Application on 2nd July, 2007. After completion of the Evidence the matter was fixed for hearing on 11th June, 2009 at 11.00 a.m at the Geographical Indications Registry, Chennai. When none appeared for the Applicant. The first Opponent was represented by Mr. Mohan Dewan and second Opponent was represented by Mr. Muralidharan of M/s. Krishna & Saurastri. The Objection taken by first Opponent Mr. Mohan Dewan is that the GI application is filed in the name of Embassy of Peru (Ambassador of Peru to India), No. 14, Poori Marg, GF, Vasant Vihar, New Delhi-110057, which is not correct and Embassy of Peru is not entitled to file the Application under Section 11 of The Geographical Indications of Goods...