ZARUJ ENTERPRISES Vs. ICI INDIA LTD.

JUDGEMENT

(1.) ON 08.01.1992, Shri Avtar Singh Ramgarhia, Shrimati Parwinder Kaur Ram -garhia and Shrimati Gurdip Kaur Ramgarhia trading as M/s. Zaruj Enterprises at 14, Guru Amar Dass Colony, outside Chatiwind Gate, Amritsar 143001, Punjab State, (hereinafter referred to as the applicants) filed on application for registration of a Trade Mark "DULUX" in respect of Electric -Fans of all kinds and parts thereof included in class 11. The application was numbered as 565175 -B. In due course, the application was examined and was allowed to be advertised in Trade Marks Journal No. 1177 dated 16.06.1998 at its page 689.

(2.) ON 15.10.1998, M/s. Imperial Chemical Industries PLC, Millbank, London, SWIP 3JF, England and ICI India Ltd., 34, Chowringhee Road, Calcutta -700071 (hereinafter referred to as the opponents) gave a notice of their intention to oppose the registration of the Trade Mark advertised, as aforesaid, on the grounds of its violative under Sections 9, 11(a), 11(e) and 18(f) of the Act.

(3.) THE opponents filed evidence in support of their opposition underR.53 by way of an affidavit dated 31.01.2001, which was taken on record and the attention of the applicants was accordingly invited toR.54. Subsequently, the opponents filed an interlocutory -petition dated 16.05.2001 for taking on record some more evidence in support of opposition vide their affidavit dated 23.04.2001. A copy of the aforesaid I/P was served upon the applicants directing the applicants to file their comments upon the aforesaid I/P and the applicants accordingly filed their comments dated 06.08.2001. A hearing was fixed on 24.09.2001 and the aforesaid I/P was allowed, the related additional evidence was taken on record vide this Tribunal's order dated 12.11.2001, directing the opponents/petitioners to supply to the applicants/respondents the copies of all the exhibits as alleged to have been filed by them under Rules 53 and 56 within a period of 15 days commencing from the date of receipt of the said order by the opponents/petitioners and the applicants/respondents had to file their evidence, if any, in reply to the opponent's evidence underR.56, within a period of one month commencing from the date of receipt of copies of all the exhibits of the opponents/petitioners by the applicants/respondents under the intimation to the Registry, The opponents then took no action and remained totally silent in the matter, despite being reminded by the applicants vide their letter dated 24.05.2002. However, the applicants filed the evidence in support of their application underR.54 by way of an affidavit dated 05.06.2002 and as well as another affidavit dated 05.06.2002 in rebuttal to the opponents affidavit dated 23.04.2001. The opponents were directed to file the rebuttal -evidence but the opponents didn't file evidence underR.55 well within time. It is significant to add herein that the opponents addressed oral arguments underR.55 in rebuttal to the applicant's aforesaid evidence.