M/S. INDIAN FARMERS FERTILIZER COOPERATIVE LTD. Vs. SARANJIT SINGH AND CHARANJEET SINGH TRADING AS M/S. KAWAL LUBRICANT & ANOTHER

JUDGEMENT

(1.) THE application is for removal of trade mark IFFCO from the register registered under trade mark No.1153345 in Class 07.

(2.) IN this matter, as there was no representation even after service of notice from the respondent. The applicant filed an application seeking the relief of substituted service and the said miscellaneous petition was allowed by the Board s per the order dated 20.08.2013, directing the applicant to effect substituted service through newspapers having wide circulation in the local area of Amritsar. The applicant filed an affidavit of proof of source and the learned counsel for the applicant also submitted that the service was completed by giving notice in the newspapers both in English language namely in THE SUNDAY TRIBUNE and another newspaper in Vernacular language namely AJITH having wide circulation at the local area of Amritsar where the respondent is having office. It is seen that the said publication was published in both the newspapers namely English newspaper dated 20.08.2013 and vernacular newspaper dated 08.09.2013. Even after the lapse of publication period nearly about 3 weeks neither the respondent nor the counsel reported today. Accordingly, it is open to the applicant to make his submissions on merits.

(3.) THE applicant has come forward with this application seeking for the removal of trade mark or rectification of registered trade mark IFFCO under Sections 27, 57 and 124 of the Trade Marks Act, 1999 under No.1153345 in Class 07 in the name of respondent. As per the publication the application for registration of the trade mark was made on 26.11.2002. The date of registration is 04.04.2005. In this matter, inspite of several notices, the respondent has not appeared continuously and ultimately the applicant has filed an application seeking for the relief of substituted service through news papers. The said application was allowed by the Board. The applicant also in compliance of the direction of the Board, dated 20.08.2013, the notice was published in the two newspapers both in English and Vernacular languages. Inspite of publication of the said notice, the respondent has not appeared before the Board and ultimately the orders are passed today setting the respondents ex -parte. The learned counsel for the applicant argued the matter on merits.