RAMJILAL MADAN LAL JAIN Vs. SHIVA TOBACCO CO.

JUDGEMENT

(1.) In this case, both the parties claim to be the registered trademark owner of the trademark "Tiger" with respect to chewing tobacco. Both the parties are also before the Intellectual Property Appellate Board (IPAB). They have filed rectification applications against the trademark of each other which are pending. An appeal filed by the Respondent is also pending before the IPAB against order dated 12.10.1995 with respect to refusal of his request for registering his trademark vide his application registered as 450946 in Clause 34, advertised in the Trademark Journal on 22.11.1993.

(2.) This appeal as well as the rectification applications of both the parties are to be decided by the IPAB constituted under the Trade Marks Act. It is informed that the said Board is now going to sit in April, 2011.

(3.) Parties agree that a direction may be issued to the Board to decide the rectification applications as well as the appeal filed by the Respondents within a time bound manner. This mandate is also available in Division Bench judgment of this Court in the case of Rhizome Distilleris P. Ltd. and Ors. v. Pernod Recard S.A. France and Ors., 2010 42 PTC 806Reference in this regard can be made to paragraph 20 and 22 of the aforesaid judgment where the Division Bench has been pleased to held as under: