M.P.No.2/2016 In OA/48/2012/TM/AMD. Case: Parag Perfumes Vs 1 Ajanta India Ltd. 2. The Asst. Registrar of Trade Marks. Intellectual Propery Appellate Board Cases

Case NumberM.P.No.2/2016 In OA/48/2012/TM/AMD
Party NameParag Perfumes Vs 1 Ajanta India Ltd. 2. The Asst. Registrar of Trade Marks
CounselFor Appellant: Y.J. Jasani, Adv.
JudgesShri K.N. Basha, Chairman and Shri Sanjeev Kumar Chaswal, Technical member (Trade Marks)
IssueProperty Law
Judgement DateDecember 17, 2015
CourtIntellectual Propery Appellate Board Cases

Order:

Shri K.N. Basha, Chairman

  1. This appeal is preferred challenging the order dated 14.06.2012 dismissing the oppositions filed by the appellant against application No. 1129110 in Class 3 by the Assistant Registrar of Trade Marks, Ahmedabad.

  2. Mr. Y.J. Jasani, the learned counsel for the appell ant would submit that the appeal was preferred within the time limit of 3 months and even before the expiry of three months period of limitation the Assistant Registrar hurriedly issued certificate of registration soon after the dismissal of the oppositi on. Learned counsel for the appellant would contend in view of the same it is a fit case for granting stay of the operation of the registration of the impugned trade mark more particularly in view of the above opposition was further agitated by way of preferring the appeal and pending appeals in respect of the connected mark of the same respondent on the file of this bench.

  3. It is seen from the records that earlier notice was sent to the first respondent and it was served on them on 21.03.15. There fore, the first respondent filed extension of time of one month as per their letter dated 14.02.2013 from 19.02.2013 to 19.03.2013 for filing the Counter Statement. But the fact remains that even after the lapse of extended period which expired as early as on...

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