AGAR DISTRIBUTORS Vs. INTELLECTUAL PROPERTY APPELLATE BOARD

JUDGEMENT

(1.) PETITIONER No. 2 carries on business as a sole proprietor in the firm name and style of petitioner No. 1. Respondent No. 3 carries on business as a sole proprietor in the firm, name and style of respondent No. 2 -M/s. Lakh Enterprises.

(2.) THE petitioner has challenged an order dated 16th July, 2010, passed by the respondent No. 1 -Intellectual Property Appellate Board (IPAB), rejecting his Interim Petition No. 148 of 2008 seeking leave to lead further evidence in the appeal filed by him against the order of the Registrar of Trade Marks.

(3.) BY an order dated 23rd July, 2003, the Registrar dismissed the petitioners opposition. It is important to note that it was observed in the order that although the petitioner had claimed use of his mark since the year 1976, he had not filed any evidence in support thereof. The issue was decided against the petitioner as he had failed to discharge the burden of proof of the date of the user of the marks by him. The Registrar further observed that respondent No. 3 had been using the marks at least from 17th November, 1988 and that the petitioner had failed to produce evidence of use of his marks prior thereto. The petitioner had contended that there was a theft of his books of accounts and other articles in December, 1986, in respect whereof he had even made a police complaint.