CINNI FOUNDATION (TRUST) Vs. MAHENDRA PAL SINGH

JUDGEMENT

(1.) This petition was originally filed before the learned Intellectual Property Appellate Board (IPAB) under Sec. 57 of the Trade Marks Act 1999, for rectification of the register of trade marks by removal, therefrom, of the mark CINNI, registered vide Registration Certificate No. 476770 dtd. 30/11/2005 w.e.f. 27/9/2004 in favour of Respondent 1.

(2.) The rectification petition avers that the word mark CINNI stood registered in favour of M/s. Raj Kumar Sah and Sons w.e.f. 18/11/1964 in Class 7 in respect of machine and machine tools, motors (except for vehicle large size agricultural implements). The mark was subsequently assigned on 5/11/2000 to M/s. CINNI Foundation, i.e. the present petitioner. CINNI Foundation, a Trust, which was at that time, managed by Mr. Chandra Kumar Sah, as its trustee (Though the petition, apparently, inadvertently refers to Mr. Chandra Kumar Sah as the Chairman of CINNI Foundation at that time). Consequent on removal of Mr. Chandra Kumar Sah, as the Managing Trustee of the petitioner, this Court has, according to Mr. Chandra Prakash, learned Counsel for the petitioner, vide its orders dtd. 1/3/2013 and 5/4/2013, in CS(OS) 783/2009 (CINNI Foundation v. Raj Kumar Sah and Anr.), noted that the interest of the petitioner foundation was being protected by the present petitioner.

(3.) The petition avers that the registration of the mark CINNI in favour of the petitioner had lapsed on 18/11/2006 owing to failure, on the part of the persons In-charge of the petitioner Trust at that point of time to prosecute the mark but that, consequent to the present petitioner coming into control of the petitioner's CINNI Foundation, Application No. 2112419 dtd. 9/3/2011 has been filed by the present petitioner for renewal of the mark. Mr. Chandra Prakash, learned Counsel for the petitioner, to a specific query from the Court, submits that the said application is still pending with the Registry of Trade Marks.