SHIVA TABACCO COMPANY Vs. MD. ZAHEERUDDIN

JUDGEMENT

(1.) At the outset, it is seen that (T) OP (TM) No.425 of 2023 has already been disposed of and only as against the order passed in the said proceedings, (T) Rev.Pet (IPD) No.1 of 2024 has been filed. Hence, nothing survives for consideration in (T) OP (TM) No.425 of 2023.

(2.) Taking up the review petition, I have heard Mrs.Gladys Daniel, learned counsel for the petitioner and Mr.M.S.Bharath for M/s.K.G.Bansal & Co.,, learned counsel for the 1st respondent and Mr.R.Rajesh Vivekananthan, learned counsel for the 2nd respondent.

(3.) Mrs.Gladys Daniel, learned counsel for the petitioner would submit that the father of the applicant had adopted the mark even in 1962 and unfortunately, the Intellectual Property Appellate Board has not taken note of the same. The learned counsel for the review petitioner would invite my attention to the relevant documents filed along with the typed set of papers and also fortify her contentions by placing reliance on the decision of the Hon'ble Supreme Court in Vasir Sultan's case.