JAININDER JAIN Vs. REGISTRAR OF TRADE MARKS

JUDGEMENT

(1.) THE appellants filed a petition in this Court under Section 56 of the Trade and Merchandise Marks Act (hereinafter referred to as 'the Act') seeking removal/rectification/correction of the registration alleged to have been illegally made on 30.10.1996 by respondent No. 1 in favor of respondents 3, 4, 5 and 6 in respect of the trade mark Nos. 376224, 384556, 463530 and 486516. Main crux of the petition being that respondents 3 to 6 have obtained the Trade Marks by misrepresentation and concealment of material facts and respondents 1 and 2 failed in discharging their duties to maintain purity of the Register. Along with the said petition, an application for interim relief was filed praying for staying the operation of the order passed on 30.10.1996 by respondent No. 1. By the impugned order passed on 1.5.1997, the said interim application was dismissed by the learned Single Judge, who declined to grant stay of the impugned order. The present appeal has been preferred against the said order. The appeal was heard on merits. Learned counsel for the parties made elaborate submissions on the entire petition as if they were to argue the said petition on merits rather to confine their arguments to the legality and validity of the impugned order. The question, which arises for consideration in this appeal would be that whether in the facts and circumstances of the case the appellants were entitled to stay of the operation of the order passed by respondent No. 1 during pendency of the petition filed in this Court under Section 56 of the Act.

(2.) THE facts in brief are that appellant No. 1 and respondents 3 and 4 are the sons of appellant No. 2. Appellant No. 3 and respondents 5 and 6 are the wives respectively of appellant No. 1 and respondents 3 and 4. Respondent No. 1 is the Registrar of Trade Marks. Respondent No. 2 is the Controller (General) of Patents, Designs and Trade Marks.

(3.) FROM time to time 5 Trade Marks were registered as 'Kangaro' in respect of goods manufactured and produced by the aforesaid firms/companies. The description of which are: -