GOLDEN TOBACCO LIMITED Vs. ITC LIMITED

JUDGEMENT

(1.) The present petition has been filed challenging the impugned order dated 1st November, 2018 passed by the Intellectual Property Appellate Board (hereinafter, "IPAB"). The background is that Respondent No.1 herein had filed two rectification petitions seeking cancellation of the Petitioner's Trade Mark Nos. 347870 and 1387061 in class 34. The case of the Respondent before the IPAB is that the Petitioner's Trade Marks are wrongly registered and wrongly remain on the register as also on the grounds of non-use.

(2.) Ld. counsel for the Petitioner submits that during the pendency of the cancellation petitions, the Petitioner filed an application seeking to take on record additional documents in the form of a Chartered Accountant's certificate, sales invoices and advertisements. The same was moved before the IPAB but was rejected by the impugned order. Ld. counsel for the Petitioner further submits that if the said documents are not taken on record it would severely prejudice its case as it had filed the documents as per the advice of its counsel.

(3.) On behalf of the Respondents, it is submitted that the writ petition is writ large with incorrect and false statements. The dates which have been pleaded in the application do not match up and in fact, show the malafides in filing the application itself. It is the contention of the ld. Senior counsels that the intention is to delay the matter and to ensure that it is not finally heard before the IPAB.