SHARP KABUSHIKI KAISHA Vs. SUNIL GROVER

JUDGEMENT

(1.) THE present Letters Patent Appeal challenges the order dated 06.10.2010 dismissing the writ petition filed by the appellant. The issue relates to registration of trade mark ,,SHARP in respect of ,,Television Boosters, Two-in-One, Television Antennae and converters". Respondent No.1, Sunil Grover trading as M/s Analog Systems in New Delhi filed an application bearing No.447061 dated 18.12.1985 in class 9 to the Deputy Registrar of Trade Marks, Delhi seeking for registration of trade mark ,,SHARP. The appellant, shortly referred to as ,,SKK, filed an opposition dated 07.02.1994 to the said application. Similarly, a separate opposition was also filed by M/s Associated Electronics and Electrical Industries (Bangalore) Pvt. Ltd., shortly referred to as ,,AEEIPL.

(2.) THE Deputy Registrar of Trade Marks, by its order dated 03.12.1997 allowed the opposition filed by SKK and consequently refused the registration of the mark in favour of respondent No.1. Hence, the respondent No.1 preferred an appeal bearing No.T.A./138/2003/TM/DEL before the Intellectual Property Appellate Board, shortly referred to as ,,IPAB. The said appeal is pending before the IPAB.

(3.) THE appeal filed by Sunil Grover challenging the order of the Deputy Registrar of Trade Marks dated 03.12.1997 was heard by IPAB and on 16.08.2007 the following order was passed: