RISHI LAL GUPTA Vs. UTTAM CHEMICAL UDYOG

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present writ petition under Article 226 and 227 of the Constitution of India has been filed by the Petitioner-Rishi Lal Gupta challenging the impugned order dtd. 5/7/2007 passed by the IPAB.

(3.) The impugned order arose out of a rectification petition under Sec. 56 of the Trade and Merchandise Marks Act, 1958 filed before the IPAB by the Respondent-M/s. Uttam Chemical Udyog (the Applicant before the IPAB) against the Petitioner herein - Mr. Rishi Lal Gupta (the Respondent before the IPAB), seeking removal/cancellation of the registered trade mark of the Petitioner, namely, 'BHAI-BHAI' bearing no.371858 dtd. 4/2/1981 in Class 3. The extract from the Trade Mark Journal No. 1145 dtd. 16/2/1997 is as follows: