ROOP HOSIERY FACTORY Vs. J.B. HOSIERY INDUSTRIES

JUDGEMENT

(1.) On 18th April, 1991, M /s. Roop Hosiery Factory, Sadar Bazar, Delhi (hereinafter referred to as the applicants/ respondents) applied for registration of a trade mark COMEX in respect of nylon socks under application No. 374835 in class 25, which was advertised in Trade Marks Journal No. 920 dated 1st Oct., 1987. M/s. J.B. Hosiery Industries, B-70/18, DSIDC Complex, Lawrence- Road, Delhi-110035 (hereinafter referred to as the opponents/petitioners) opposed the registration of the afore-mentioned trade mark.

(2.) In the first instance, the petitioners/opponents had filed an interlocutory petition on 26th Oct., 1989 in the Trade Marks Registry. Thereafter a review petition was filed on 10th May, 1990 for review of order of Senior Examiner of Trade Marks dated 10th April, 1990 vide which the aforesaid interlocutory petition was dismissed, and, thereafter, the aforesaid review petition was also dismissed by order dated 10.9.1990 of the Senior Examiner of Trade Marks.

(3.) Despite the afore-mentioned interlocutory petition and review petition dismissed by orders dated 10.4.90 and 10.9.90, respectively, of the Senior Examiner of Trade Marks, the opponents/petitioners have further filed on interlocutory petition on 24th June, 1991 under Sec. 12(2) of the Act, for deferring and stay of proceedings pertaining to registration of the trade mark COMEX under application No. 374835 in class 25.