MEDICAL TECHNOLOGIES LIMITED Vs. NEON LABORATORIES LIMITED

JUDGEMENT

(1.) Heard Mr.Dwarkadas, the learned Senior Advocate for the petitioner and Mr.Tulzapurkar, the learned Senior Advocate for the respondent no.1.

(2.) This Writ Petition is directed against the order dated 29.5.2009 passed by the Intellectual Property Appellate Board (for short "IPAB") whereby the petitioner's rectification application seeking expunction of entry made in the Register of Trade Marks of the trade mark "ROFOL" registered in the name of the respondent no.1 came to be dismissed. Similarly, the order dated 10.8.2010 passed by the IPAB whereby the petitioner's clarificatory application seeking review of the order dated 29.5.2009 came to be dismissed.

(3.) The facts which have given rise to the filing of the present petition are as follows:-