GUPTA INDUSTRIES Vs. VERSUSGUPTA ENTERPRISES

JUDGEMENT

(1.) Admit. Short point for consideration in this petition is whether the Registrar, Trade Mark could review his order which was decided on merits after hearing the parties.

(2.) The facts of the case are, that the petitioner filed opposition to the application of the respondent herein for registration of the trade mark "GUPTA". Various grounds were taken for the opposition. The Registrar after considering all the grounds came to the conclusion vide his order dated 6th April, 1994 that the opposition has to be allowed and the application of the respondent in Class 9 should be refused for registration. After passing of the said order dated 6th April, 1994, the respondent herein felt aggrieved and sought review of the said order inter alia, on the ground that the Registrar did not take into consideration the agreement dated 5th January, 1988. That the opponent did not file any document showing prior user and of his reputation with regard to the trade mark and finally no evidence was led in opposition to prove their case. In the absence of the same, the order dated 6th April, 1994 was liable to be reviewed.

(3.) The Registrar, on the basis of these objections, re-heard the arguments and vide the impugned order set aside his earlier order dated 6th April, 1994. He delivered the impugned order thereby concluding that the opposition has to be disallowed and the application filed by the present respondent to be accepted. Accordingly the proceeded to register the trade mark of the respondent.