PRAMOD KUMAR GARG Vs. PUNJAB TRACTOR LIMITED

JUDGEMENT

(1.) The appellant as a sole proprietor of M/s Prakash Agricultural Industries (India) filed an application with the Trade Mark Registry on 22.06.1979 seeking registration of the trade mark 'SWARAJ' in respect of Diesel Oil Engines (not for land vehicles), hand water pumps and parts thereof in Class 7 for sale in the States of Uttar Pradesh, Madhya Pradesh, Rajasthan, Bihar and Haryana. The appellant claimed user of the mark since 1975 on an advertisement of the mark in the Trade Mark Journal on 16.03.1984. The respondent gave a notice of intention to oppose the registration of the mark on the ground that it was violative of Sections 11, 12 & 18 of the Trade and Merchandise Marks Act, 1958 ('the said Act' for short). On completion of trial on this question, the Registrar was pleased to dismiss the opposition and accepted the request for registration of the mark.

(2.) Respondent aggrieved by this Order, preferred C.M.(M) No. 49/1994 and succeeded vide Order dated 27.01.1997 in seeking a remand for fresh consideration of the matter after giving sufficient opportunities to the parties to lead their evidence. Fresh evidence was filed and once again the opposition to the mark was dismissed by the Order dated 30.12.1997. Respondent aggrieved by this Order preferred C.M.(M) No. 97/98 before the learned Single Judge of this Court (as he then was) which was allowed on 14.01.2000.

(3.) The present appeal has thereafter been preferred under Section 109(5) of the said Act.