JAGDISH KUMAR GULATI Vs. ROYAL TOCH PAINTS

JUDGEMENT

(1.) THIS order disposes the Notice of Opposition No. 737399 dated 09/01/2009 filed by Opponent M/s. Royal Touch Paints, Fatehgarh Churiyan Road, Bye Pass Amritsar, Punjab, filed against the Application No. 1583002 under Class 5 for the Mark JK, filed by the Applicant Shri Jagdish Kumar Gulati, 58, Prem Nagar, Ambala City, filed on 23/07/2007. The Application was Advertised Before Acceptance (ABA) under proviso of Section 20(1) of the Trade Marks Act, 1999 in official Trade Marks Journal No. 1400 -0 on 16/09/2008, which was made available to public on 29/09/2008. The physical as well as electronic record of this Registry shows that the Notice of Opposition was received in this Registry on 09/01/2009 after the expiry of prescribed period of three months on 29/12/2008. No request on Form TM -44 has been filed for extension of prescribed period, hence a show cause notice dated 18/07/2013 was issued to the Opponents alongwith their Attorney on record to show and explain the plausible reason as to why their Notice of Opposition be not refused to take on record being time -barred. The matter was fixed before this Tribunal on 26/08/2013.

(2.) ON 26/08/2013, Shri K.K. Arora and Shri Gaurav Arora from Arora Registration Service appeared before this Tribunal for the Opponents. Ld. Counsel produced original CD alongwith CD envelop/cover bearing seal of post office which shows that the CD containing official Trade Marks Journal No. 1400 -0 Reg. was published on 16/09/2008 and was made available to the public on 29/09/2008. It was actually posted to the subscriber 'Arora Registration Service' on 16/10/2008, which was received by the subscriber on 18/10/2008. Keeping in view the fact that the Trade Marks Journal No. 1400 -0 was actually received by the subscriber on 18/10/2008, he was required to file the notice of opposition u/s. 21(1) of the Trade Marks Act, 1999 read with Trade Marks Rules, 2002 within the prescribed period of three months form the date of receipt i.e. 18/10/2008 of the Journal.