(1.) The Petitioner is a Pharmaceutical company duly incorporated under the provisions of Companies Act, 1956. The Petitioner, by the present petition, filed under Articles 226 and 227 of the Constitution of India, has challenged the order dtd. 30/12/2020 passed by the Respondent no.2- Intellectual Property Appellate Board, Chennai ( "IPAB " for short) in the Rectification Application bearing No. ORA/66/2014/ TM/MUM and MP No. 193/2015.
(2.) By the impugned order, the IPAB has allowed the Rectification Application filed by Respondent No.4- Sun Pharmaceuticals Ltd. and directed to delete the entry of registered Trade Mark Registration No. 838726 of OFLOMAC for medicinal and pharmaceutical preparations falling in class-5 in the name of the Petitioner from the Register under the provisions of Sec. 57 of the Trade Marks Act, 1999 (hereinafter referred to as "the 1999 Act ").
(3.) It is the claim of the Respondent no.4 that the Respondent no. 4 applied for registration of Trade mark "OFRAMAX " on 30/8/1989 and the registration was granted on 13/5/1994. The said registered Trade mark is falling in Class-5 i.e. "pharmaceutical products for human and veterinary use ". It is the claim of Respondent no. 4 that the said Trade mark is being used since July 1991. The Petitioner filed Trade mark Application on 28/1/1999 regarding the mark "OFLOMAC " in said Class-5 and the Petitioner was granted registration for Trade mark OFLOMAC on 12/12/2005 under Category-5 i.e. "medicinal and pharmaceutical preparations ". It is the claim of the Petitioner that they have started the use since April 1999.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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