AGAR DISTRIBUTORS INDIA Vs. INTELLECTURAL PROPERTY APPELLATE BOARD

JUDGEMENT

(1.) Rule. By consent of parties, heard finally at this stage.

(2.) The Petitioners have challenged the order dated 16 July, 2010 passed by the Intellectual Property Appellate Board (Appellate Board), thereby dismissed the Misc. Petition filed by the Petitioners to take on record additional documents along with the reply to the counter statement.

(3.) An application for registration of the trademark "BRIGHT STAR" in Class 1 in the name of Juzer M. Lakhwala, trading as Lakh Enterprises, Bombay was filed before the Joint Registrar of Trade Marks under the Trade and Merchandise Marks Act, 1958 (Trade Marks Act, 1958) by the Respondents. Notice of Opposition dated 1 June, 1994 to the registration of a trade mark under Section 21(1) of the Trade Marks Act and Rule 51 of the Trade Marks & Merchandise Rules (Form TM5) was issued. The Petitioners filed an opposition on various grounds and objected the registration being in contravention of Sections 9, 11, 12, 18 of the Trade Marks Act, based upon their trade marks "5 STAR"/"FIVE STAR", as registered, since more than two decades and as earned name and fame and goodwill in the concerned market and amongst the general public. Therefore, objected to the Respondents 2 and 3's registration of similar trade mark "BRIGHT STAR". The Petitioners accordingly filed supporting material on record as contemplated under the Trade Marks Rules 53, 54 and 55.