B. ROSAIAH Vs. F. HOFFMAN LA ROCHE AG

JUDGEMENT

(1.) A trade mark consisting of an expression 'BACTOPRIM D.S.' was applied for registration by the above named applicants in respect of "Medicinal and Pharmaceutical preparations" in Class 5 under application No. 434938 dated 7.3.1985 claiming the user therein since 13.8.1984 under the provisions of Trade & Merchandise Marks Act, 1958 (herein after referred to as the Act). Eventually, the mark was advertised as accepted in Trade Mark Journal No. 1001 dated 16.2.1991 at page 1336.

(2.) THE above named opponents notified their intention to oppose the registration of the impugned trade mark by filing notice of opposition dated 10.6.1991 alongwith a request on Form TM -44 for condoning the delay in filing the notice of opposition inter alia stating the grounds of opposition as follows : -

(3.) HAVING regard to the above facts, the applicants prayed this Tribunal to exercise its discretion vested upon Section 18(4) of the Act, adversely to the opponents by dismissing the opposition with an order of exemplary cost in their favour.