BELL SPORTS, INC. Vs. REGISTRAR OF TRADEMARKS

JUDGEMENT

(1.) Present appeal has been preferred under Sec. 91 of the Trade Marks Act, 1999 (hereinafter referred to as the 'Act'), assailing the decision of cancellation of Opposition, communicated to the Appellant vide letter dtd. 24/5/2022 by the Respondent, received on 10/6/2022 as well as for a direction to the Respondent to accept the official fee of Rs.3,000.00 in Opposition No. 1164769.

(2.) Brief and necessary facts for adjudication of the present appeal, which are in a narrow compass, are that Appellant filed an Opposition No. 1164769 on 17/5/2022 to the trademark Application No. 4908323 in Class 25 for the trademark GIROMORE published in the Trade Marks Journal No. 2014 on 23/8/2021, based on its prior adoption and use of the trademark GIRO for goods falling in Class 25.

(3.) It is averred that public notice was issued by the learned Controller General of Patents, Designs and Trade Marks, Mumbai ('CGPTDM') on 28/3/2022, in compliance of directions passed by this Court vide judgment dtd. 21/3/2022 in W.P.(C)-IPD 4/2022, regarding filing of Oppositions to the applications falling in Trademark Journal Nos. 1928 to 2036 upto 30/5/2022. Last date for filing the Oppositions was 30/5/2022 and Appellant filed the Opposition accompanied by a Demand Draft bearing No. 054136 dtd. 17/5/2022, towards fee of Rs.3,000.00, in favour of Registrar of Trade Marks, drawn on Standard Chartered Bank, Janak Puri Branch, New Delhi. The application was filed physically, since online filing was not available for Oppositions.