MAHINDER NAGPAL Vs. UOI AND ORS.

JUDGEMENT

(1.) By way of the present petition under Articles 226 and 227 of Constitution of India, the petitioner seeks direction to the respondent Nos.1 and 2 to issue certificate of registration of trade mark to the petitioner in respect of the trade mark application No.541927 in class 3 which was filed on 14.12.1990 and advertised in the trade mark journal No.1090 at page 1062.

(2.) The facts of the case as emerging from the petition are that the petitioner alongwith his erstwhile partner namely Mrs. Kamlesh Nagpal, trading as TONI INTERNATIONAL filed an application for the registration of the trade mark "EVANI" under the application No.541927 on 14.12.1990 in class 3 in respect of specification of goods to read as "cosmetics". After completion of official formalities, the said application was published in the trade mark journal No.1090 dated 01.11.1994 at page 1062. On or about 24.01.1995 the said application was opposed by Mr. Bajrang Lal Agarwal and the said opposition proceedings were designated as opposition No.DEL-9279.

(3.) Again on or about 15.02.1995 the said application was opposed by M/s. Societe Anonyme Des Eaux Minerale D Evian, France and the opposition proceedings were designated as opposition No.DEL-9338.