SHARP KABUSHIKI KAISHA Vs. SUNIL GROVER AND ORS.

JUDGEMENT

(1.) THE challenge in this petition is to an order dated 16th August 2007 passed by the Intellectual Property Appellate Board ("IPAB") in TA/138/2003/TM/DEL Sunil Grover v. Sharp Kabushiki Kaisha, Japan) and also to an order dated 12th December 2007 of the IPAB in MP No. 121 of 2007 filed by the Petitioner Sharp Kabushiki Kaisha ("SKK") in the said appeal.

(2.) THE Respondent No. 1 Sunil Grover, trading as Analog Systems in New Delhi, filed an application bearing No. 447061 dated 18th December 1985 in Class 9 seeking registration of the trademark SHARP in respect of "Television Boosters, two -in -one, television antennae and converters". Two oppositions were filed to the said application. One was filed by SKK on 7th February 1994. It appears that a separate opposition was filed by M/s. Associated Electronics and Electricals Industries (Bangalore) Pvt. Limited ["AEEIPL"]. By an order dated 3rd December 1997 the Deputy Registrar of Trade Marks, Delhi, Respondent No. 2 herein, allowed the Petitioner's opposition and refused the registration of the mark of Respondent No. 1. The appeal filed by Respondent No. 1 against the said refusal is TA/138/2003/TM/DEL which is pending before the IPAB. As regards the opposition filed by AEEIPL, by an order dated 30th January 2004 the Deputy Registrar of Trade Marks held the application No. 447061 in class 9 filed by Respondent No. 1 to be abandoned for want of prosecution in terms of Rule 56 (3). The said order, according to the Petitioner SKK, became final as no appeal was filed against it by Respondent No. 1.

(3.) THEREAFTER , the Petitioner SKK filed MP No. 121 of 2007 in the pending appeal praying that the IPAB should dispose of the appeal "In view of the abandonment of the application No. 447061 in Class 9". By the second impugned order dated 12th December 2007 while declining to entertain MP No. 121 of 2007 the IPAB clarified that it would be open to the SKK "to raise all such contentions in the main hearing."