UNITED SPIRITS LIMITED Vs. INTELLECTUAL PROPERTY PAAELLATE BOARD

JUDGEMENT

(1.) The petitioners in this Art. 226 petition dated September 26, 2011 are questioning an order of the Intellectual Property Appellate Board dated September 12, 2011 (at p.215) allowing two interlocutory applications filed by the third respondent (Pernod Ricard India Private Limited) in connection with its two appeals against two orders both dated July 29, 2011. The two orders both dated July 29, 2011 (at pp.195-211) were passed by the Assistant Registrar of Trade marks. Kolkata allowing two applications both dated November 30, 2010 for restoration of two trade marks in the name of Shaw Wallace & Company Limited under sub-section(4) of section 25 of the Trade Marks Act. 1999. The last registration of both the trade marks expired on April 7, 2009. In the Trade Marks Journal No. 1435 dated March 1, 2010 (at p.116) both the trade marks were included in the list of trade marks that had been removed from the register on the grounds that they had not been renewed "on time in accordance with the Trade Marks Act 1999."

(2.) It is the case of the petitioners that requisite applications for restoration of the trade marks were submitted first on April 26, 2010 and then--in view of a public notice dated September 24, 2009--on November 29, 2010. Pernod contested the applications on the grounds that restoration of the removed trade marks would affect its interests, and contending, inter alia, that in view of the provisions of sub-section(4) of section 25 of the Trade Marks Act 1999 the applications filed after one year from the expiration of the last registration of the trade marks were not maintainable.

(3.) The Assistant Registrar of Trade Marks ignored the contention pointing out that in view of section 26 of the Act the trade marks, though removed from the register, remained thereon for a period of one year. Feeling aggrieved, Pernod lodged an appeal with the Intellectual Property Appellate Board and applied for stay of operation of the orders of the Assistant Registrar. By the impugned order the Board has allowed the prayer for stay. Hearing of the appeals has been fixed for February 2011.