Case: Gujral Traders, Delhi Vs Waxpol Industries, Calcutta. Trademark Tribunal
| Counsel | For Appellant: Mr. K.L. Aggarwal & R.K. Aggarwal, Advocates and For Respondents: Mr. H.P. Singh and Manmohan Singh, Advocates |
| Judges | Om Prakash, J. |
| Issue | Trade and Merchandise Marks Rules, 1959 - Rule 53(2) |
| Judgement Date | September 13, 1991 |
| Court | Trademark Tribunal |
Judgment:
Om Prakash, J.
1. This disposes of an Interlocutory Petition filed on 7.10.1985 by M/s. Gujarat Traders, 3260/20A, Gali Dorwali, Mori Gate, Delhi-6 (hereinafter referred to as the Registered Proprietors) in the above matter.
2.The matter came up before me for hearing on 26.7.1991 when Shri K.L. Aggarwal, Advocate alongwith Shri Raj Kumar Aggarwal, Advocates appeared for the Registered Proprietors and Shri H.P. Singh, Advocate alongwith Shri M.M. Singh, Advocate appeared for M/s. Waxpal Industries Ltd., Calcutta being the applicants for rectification (hereinafter referred to as "the applicants"). The grounds of the Interlocutory Petition filed on 7.10.1985 are as under:-
1. That the Petitioners/Regd. Proprietors filed the counter-statement on 7.4.1982 which is said to be beyond time and has not been taken on record.
2. That even till today matter has not been proceeded further and the applicants have not filed any evidence at all. Therefore, the matter still remains on the same/preliminary stage. Hence there will be no inconveniences to the applicants if delay in filing the counter-statement is condoned and TM-6 is taken on record and the matter is proceeded further in accordance with law.
3. The Respondents/Applicants for rectification failed to file Power of Authority (filed on 1.3.1990) in their favour and there was no further communication from the Registry. In the circumstances, the petitioners did not file counterstatement.
4. Ld. counsel stated that the Registrar has no power to rectify the Register or to remove the mark from the Register unless the counter-statement is filed. The support of this Ld. Counsel for Petitioners/Regd. Proprietor invited my attention to the provisions of Rule 95 of the Trade & Merchandise Marks Rules, 1958 (hereinafter referred to as "the Rules") Rule 95 provides:-
"Within two months from the receipt by a registered proprietor of the copy of the application mentioned in Rule 94 he shall send to the Registrar on Form TM-6 a counter-statement in triplicate of the grounds on which the application is contested and if he does so the registrar shall serve a copy of the counter-statement on the person making the application. The provisions of Rule 53 to 60 shall thereafter apply mutandis to the further proceedings on the application. The Registrar shall not, however, rectify the register or remove the mark from the register merely because the registered proprietor has not filed a...
To continue reading
Request your trial