M.P.No.283 of 2014 in ORA/192/2009/TM/MUM in ORA/192/2009/TM/MUM. Case: M/s. Emami Limited Vs M/s. Chirayu Pharmaceuticals. Intellectual Propery Appellate Board Cases

Case NumberM.P.No.283 of 2014 in ORA/192/2009/TM/MUM in ORA/192/2009/TM/MUM
JudgesMr. K.N.Basha, Chairman and Mr.Sanjeev Kumar Chaswal, Technical Member
IssueTrade Marks Act
Judgement DateJanuary 27, 2015
CourtIntellectual Propery Appellate Board Cases


Mr. K.N.Basha, Chairman

  1. In this matter, the applicant has filed M.P.No.283 of 2014 in ORA 192/2009/TM/MUM seeking for the relief of permission to withdraw the main rectification application. The applicant also filed an affidavit and in paragraph 4 it is stated hereunder;

    4. However, by virtue of deed of assignment dated February 25, 2014, Registered Trade Mark No.542933 dated 04.01.1991 in class 05, which is the subject matter of the present proceeding was assigned to my company by the respondents/registered proprietor. A copy of the deed of assignment is enclosed herewith and marked as Annexure A.

  2. The above said specific statement made in the above paragraph reveals that the respondent has already executed a deed of assignment dated February, 25, 2014...

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