VIKAS MANUFACTURING CO Vs. BHARAJ MANUFACTURING CO

JUDGEMENT

(1.) THIS is an application under section 107 of the Trade and Merchandise Marks Act, 1958 (hereinafter called the Act). While opposing this application, the respondent raised a preliminary objection that this Court has no territorial jurisdiction to entertain this application. As this matter did not require the leading of any evidence, a preliminary issue covering this objection was framed. After hearing the learned counsel for the parties, I find that this objection has to be sustained.

(2.) IT is not disputed that this case falls under section 3(b) of the Act and according to its provisions, the High Court within the limits of whose appellate jurisdiction the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the appellant is situate, would have the jurisdiction to entertain this petition.