KESHAVJI ANANDJI SHAH Vs. UOI

JUDGEMENT

(1.) ISSUE notice. Mr. Amit Jain, learned counsel for the respondent accepts notice. In view of the order proposed counsel for the parties agree that the matter be heard today.

(2.) THIS writ petition challenges an order of the Intellectual Property appellate Board made on 18. 5. 2007. By the impugned order the Board dismissed the petitioner's appeal and upheld the orders dated 29. 12. 1999 passed by the Assistant Registrar of Trade Marks, Delhi in the course of a rectification application moved by the petitioner. The amendment was sought to counter claims moved by the second respondent.

(3.) IN view of the order proposed I do not deem it necessary to set out the facts in detail. The second respondent apparently had obtained a "cease and desist" order against the petitioner on 19. 11. 1994. The latter filed an application for rectification on 7. 1. 1995. The rectification application continues to be pending it has not been decided as yet. In the meanwhile tm56 was filed by the Registrar i. e. the second respondent on 17. 9. 1998. He also filed another application TM16 on 26. 10. 1998. The amendment applications were heard and allowed on 29. 12. 1999. Being aggrieved the petitioner preferred an application in this Court in terms of Section 100 of the Trade Marks Act. That appeal was transferred to the Board which by the impugned order has rejected it.