OA/2/2013/TM/AMD. Case: Vardhman Trading Vs 1. J.M. Spices Trader 2. The Registrar of Trade Marks. Intellectual Propery Appellate Board Cases
| Case Number | OA/2/2013/TM/AMD |
| Counsel | For Appellant: Jagdish Roy Parashar, Adv. and For Respondents: Mr. Rajendra H. Bhansali |
| Judges | Shri K.N. Basha, Chairman and Shri Sanjeev Kumar Chaswal, Technical member (Trade Marks) |
| Issue | Trade Marks Act 1999 - Section 57 |
| Judgement Date | Thursday December 17, 2015 |
| Court | Intellectual Propery Appellate Board Cases |
Order:
Shri K.N. Basha, Chairman
The order under challenge is dated 0 7.12.2011 passed by the Assistant Registrar of Trade Marks against the cancellation of the registration certificate No. 810509 under Class 30 in application No.1602046 filed by the appellant herein.
The appellant filed an application for registration of Trade mark ''MAX'' (label) with device bearing application No.1602046 in class 30. On receipt of the application examination report was issued on 08.07.2008 to the appellant and a reply dated 15.07.2008 was given by the appellant. It is seen that the said application was purported to have been published in Trade Marks journal No.1402 but in fact the said application was not published in the said journal.
The said factor was brought to the notice of the second respondent as per the submission of the learn ed counsel for the first respondent. However, it is stated by the learned counsel for the respondent that the registration certificate was issued to the appellant on 19.03.2010. Thereafter, a reminder letter was sent by the first respondent to the secon d respondent on 26.04.2010. The first respondent also filed rectification application to registered mark No.1602046 in Class 30. As a result, the second respondent has issued...
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