SHANTIKUMAR RATILAL Vs. MAHENDRA KAUR

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India has been preferred by the petitioner challenging an order dated January 7, 2010 passed by the respondent No.3-Intellectual Property Appellate Board at Chennai (hereinafter referred to as 'the Board'), whereby the Board allowed the appeal preferred by the respondent No.1 herein against the order dated February 6, 2004 passed by the Assistant Registrar of Trade Marks, thereby dismissing the Opposition No.AMD-544 and allowing registration of Application No.445245 in Class III under the provision of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act, 1958').

(2.) A brief resume of facts relevant for adjudicating this petition may be summarised thus :

(3.) Aggrieved by the order passed by the Board, the petitioner has preferred this petition which though has been labelled as one under Articles 226 and 227 of the Constitution of India, but in substance it is under Article 227 of the Constitution of India.