LIBERTY FOOTWEAR COMPANY Vs. FORCE FOOTWEAR COMPANY

JUDGEMENT

(1.) Heard. With the consent of the parties, the writ petitions are taken up for final disposal.

(2.) This Order will dispose of both the writ petitions filed by the petitioner herein against the Order dated 19th August, 2008 passed by the Intellectual Property Appellate Board (hereinafter referred to as IPAB, for short) refusing to take on record the additional documents filed by the petitioner along with the affidavit by way of evidence. Learned IPAB has observed that the application for taking on record additional documents does not disclose sufficient ground for extending the time to file documents. It has been recorded as under:

(3.) IPAB has been constituted under Section 83 of the Trade Marks Act, 1999 (hereinafter referred to as Act, for short) and is a quasi judicial tribunal which exercises power as an appellate forum against an order/decision of the Registrar. It also exercises original jurisdiction in respect of rectification petitions against the orders of registration passed by the Registrar. Section 93 of the Act stipulates that no court or authority shall have or is entitled to exercise any jurisdiction, power and authority in relation to matters referred to in Section 91(1) of the Act. Section 100 of the Act provides for transfer of all pending appeals and applications for rectification in the High Courts, against any order or decision passed by the Registrar, to IPAB w.e.f the date notified by the Central Government.