S V SIVALINGA NADAR & SONS, A FIRM BY PARTNER S V SIVALINGA NADAR Vs. JOINT REGISTRAR OF TRADE MARKS, TRADE MARK REGISTRY, RAJAJI BHAVAN

JUDGEMENT

(1.) This writ petition has been filed praying to quash the impugned order dated 03.09.2004 passed by the Intellectual Property Appellate Board in TA/32/2003/TM/CH/3354, confirming the order dated 05.02.2001 passed by the Joint Registrar of Trade Mark (1st respondent herein) relating to the application of the petitioner No.479367 B dated 05.10.1987 advertised in the Trade Mark Journal No.1148, dated 01.04.1997.

(2.) The brief facts of the case of the petitioner are as follows:-

(3.) The learned counsel appearing for the petitioner submitted that on 24.03.1969, S.V.Sivalinga Nadar, S/o.S.Velayutha Perumal Nadar, being the eldest brother of his family consisting six brothers and a sister, constituted a Partnership Firm under the name and style of "S.V.S. Oil Mills" at No.8, T.H.Road, Chennai, manufacturing and marketing edible refined ground-net oil and adopted the Trade Mark label "SVS" consisting of three alphabets placed above an inverted triangle. The said trade mark was registered vide T.M.No.285501B. Details of the trademark journal as advertised is extracted hereunder:-