LAWS(IP)-2013-9-11

HIGHWAY INDUSTRIES LIMITED FORMERLY KNOWN AS "HIGHWAY CYCLES INDUSTRIES LTD. Vs. M/S. DARSHAN SINGH & ANOTHER

Decided On September 13, 2013
Highway Industries Limited Formerly Known As "Highway Cycles Industries Ltd. Appellant
V/S
M/S. Darshan Singh And Another Respondents

JUDGEMENT

(1.) THE instant application is to condone the delay of 72 days in filing the appeal against the order of the Deputy Registrar of Trade Marks dated 21.06.2012.

(2.) THE facts of the case are as follows;

(3.) THE impugned order is ex facie not sustainable in law and there is a very strong probability that the same would be set aside by this Board after hearing the parties. The appellant is most likely to succeed in the appeal and in all probabilities will succeed on merits. The balance of convenience is in favour of the appellant and against the respondents.