Tribunals and CommissionsDivision Bench(2012) 03 IPAB CK 0012

M/s. Khushi Ram Behari Lal, 5190, Lahori Gate, Delhi 110006 vs M/s New Bharat Rice Mills, Faizpura Road, Batala-143 505, District Gurdaspur, Punjab And The Registrar Of Trade Marks, Trade Marks Registry, Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi-110 075

Intellectual Property Appellate Board · Decided on 27 March 2012

HON’BLE JUDGES
Prabha Sridevan, J · V. Ravi, Technical Member
RESULT
Dismissed
CASE NUMBER
OA/19/2008/TM/DEL

AI Structured Summary

Not yet generated for this judgment

Judgment

16 paragraphs · 334 words

 Prabha Sridevan, J

1 . This is an appeal against the order of the Deputy Registrar reviewing the registration on the ground that it was granted pending the opposition

proceedings. The Registration was granted for the mark ""TAJ MAHAL"" in class 30 in respect of goods namely rice. The application number is

516978. The respondent had filed his opposition. After the registration was granted, the counsel for the respondent/opponent referred to the pendency

of opposition proceedings. Thereafter, notice was issued under S.57 (4) and the impugned order was passed. The learned counsel for the appellant

submitted that in a batch of proceedings between the same parties in relation to the mark ""TAJ MAHAL"" a common order had been passed by this

Board on 09.12.2011 and both parties had approached the Hon'ble Delhi High Court under Article 226 and interim stay has been granted by the

Hon'ble Delhi High Court on 20.03.2012. The learned counsel for the appellant submitted that when the entitlement for the mark is pending decision of

the Hon'ble High Court of Delhi this matter may be adjourned since any way neither this Board nor the Registrar can take a decision in this regard.

The learned counsel submitted that the appellant has not relied on this registration in any of the proceedings.

2.

On the other hand the learned counsel for the respondent submitted that when the registration has been cancelled because the opposition

proceedings are pending the order does not warrant any interference.

3 . There is no dispute that the registration was granted pending the opposition proceedings and therefore, we cannot interfere with the order passed

by the Deputy Registrar cancelling the registration. It appears that the Trade Marks Registry records show this application as registered. It may be

corrected to ""opposed"", and the opposition proceedings shall proceed in accordance with law. In view of the above, the appeal is dismissed. No order

as to costs. Let the order be communicated to the Registrar of Trade Marks for compliance.