SAINABA Vs. SULABHA

JUDGEMENT

(1.) THE counter petitioners in O. S. No. 6/98 of the District court, Thiruvananthapuram are aggrieved that notwithstanding serious objection raised by them with regard to the maintainability of the said proceeding, the court has decided it in favour of the plaintiffs.

(2.) THE contention raised by the present petitioners was that at the time when the suit was instituted on 30. 5. 1998, the Trade Mark relied on by the petitioner, namely, 'maveli' had not been registered and that as such the proceeding brought forth invoking S. 27 (1) of the Trade and merchandise Marks Act, 1958 was not maintainable.

(3.) THE points that arise for decision are: (1) Whether the suit as brought forth is under S. 27 (1) of the Trade and Merchandise Marks Act, 1958 ? (ii) Whether the lis, in so far as it invokes S. 27 (1) of the aforesaid Act, is barred.