Motor Industries Co. Ltd. vs Dalbagh Singh And Ors.

S. Jagadeesan, J

The appellant has filed this appeal against the order of the Deputy Registrar of Trade Marks, New Delhi, dated 19.6.1995, wherein the Deputy

Registrar has disallowed the opposition No. DEL 7472 of the appellant and accepted the application No. 386161 in Class 12 of the first respondent for

registration of the trade mark 'MICRON'.

We have heard Shri N. Mahabir with Ms. Sheetal Vohra for the appellant and Shri M.R. Bhale Rao for the first respondent. We have also perused

the impugned order of the Deputy Registrar of Trade Marks.

Prima facie, we are of the view that the impugned order of the Deputy Registrar is liable to be set aside for the simple reason that the order does

not reveal any reason for the conclusion arrived at by the said Deputy Registrar. Till page 3 of his orders, the Deputy Registrar has narrated the filing

of the application and the opposition and other evidences. The first paragraph at page 4 deals with the hearing. The second paragraph deals with the

arguments of the counsel for the respondent. None appeared on behalf of the appellant. The Deputy Registrar has just mentioned the citations

referred by the learned counsel for the respondent and again referred to the contention of the said learned counsel for the respondent. In the

penultimate to the concluding paragraph, he has stated as follows:

I have gone through the file carefully and come to the conclusion that the opponents have failed to establish the grounds of opposition in view of the

arguments and reasons advanced in the preceding paragraphs. I am of the firm opinion that the impugned mark MICRON is not deceptively similar to

the opponents trade mark MICO, hence the opponents have failed to restrain the registration of the mark applied for.

After this paragraph, in the concluding paragraph he has given the result. It is for the Deputy Registrar, who is discharging the quasi judicial

function to apply his mind to the contentions of the learned counsel for the respondent and also refer to the opposition filed by the appellant and other

materials available on record and discuss the same in detail exhibiting his application of mind for the materials available on record and then arrive at

the conclusion by giving out his reasons. Though, the Deputy Registrar has mentioned that the arguments and reasons had been advanced in the

preceding paragraphs, a perusal of the impugned order do reveal the arguments and the reasons of the learned counsel for the respondent and do not

reveal any of his reasons for his conclusions.

Hence, on the short ground of non application of mind by the Deputy Registrar and also for the absence of any reasoning for his conclusion, we are

unable to sustain the impugned order. Accordingly, the impugned order dated 19.6.1995 of the Deputy Registrar is set aside. The matter is remitted

back to the Registrar of Trade Marks for fresh disposal. The appeal is allowed. No costs.

Considering the fact that the application is of the year 1982, the Deputy Registrar is directed to dispose of the matter within three months from the

date of receipt of a copy of this order and report the same to this Board.