STADMED PRIVATE LIMITED Vs. INTELLECTUAL PROPERTY APPELLATE BOARD

JUDGEMENT

(1.) THE petitioners in this WP under art.226 dated November 4, 2006 are questioning an order of the Intellectual Property Appellate Board established under s.83 of the Trade Marks Act, 1999.

(2.) THE order is at p.35 of the WP. It is dated August 4, 2006 and was passed in Mumbai by a Circuit Bench of the Appellate Board sitting in Mumbai. With a covering letter dated August 23, 2006 (at p.34) the office of the Appellate Board sent a certified copy of the order to Stadmed (the first petitioner) at its recorded address: 33A Jawaharlal Nehru Road, 11th Floor, Kolkata-700 071, a place within the territories in relation to which this Court exercises jurisdiction under art.226. Stadmed filed an application for Rectification No.BOM-1034 dated January 16, 1995 before the Registrar of Trade Marks, Trade Marks Registry, Central Building, M.K. Road, Bombay-400 020. It wanted removal of a trade mark whose registered proprietor was one Sun Pharmaceutical Industries Ltd., F.P. 145, Ram Mandir Road, Vile Parle (East), Bombay 400 057.

(3.) HE has said that the facts constituting the cause of action and showing that this Court had jurisdiction are contained in para.36 of the WP. Paragraph 36 is quoted below: