SH. RAJIV JAIN Vs. SH. DINESH KUMAR AGARWAL

JUDGEMENT

(1.) THE instant appeal arises out of the order dated 14.05.2012 passed by the Assistant Registrar of Trade Marks under Section 57 (4) of the Trade Marks Act, 1999 removing the registered trade mark "SAMAR SUHANA" under No. 1881086 in Class 11. The brief facts of the case are as follows:

(2.) THE appellant along with the predecessors has been using the trade mark "Suhana" since the year 1989. On 07.10.2009, the appellant had adopted and started using the trade mark Samar Suhana in respect of the goods falling in class 11. The trade mark Samar Suhana was registered under No. 1881086 in class 11 as of 06.11.2009.

(3.) THE respondent filed an application before the Registrar of Trade Marks to rectify the register and remove the trade mark No. 1881086 in class 11. The appellant was not put on notice of the application for removal of the trade mark. The appellant came to know of the same through the website of the Trade Mark Registry.