Law: Trade Mark Act, 1940

Section: 68(d)

Keywords: Costs, Registered Trade Mark, Publication, Goods, Without Notice, Conditions, Consideration, Disclose, Registration Certificate, Notice, Extension, Petitioner, Procedure, Language, Dispute, Failure, Proprietor, Ambit, Order, Violation, Cancellation, Removal, Property, Discretion, Place, Acceptance, Grounds, Forfeiture, Period, Contentions, Cancellation Of Registration, Extension Of Time, Register, Provisions, Period Of Limitation, Parties, Distinctive Features, Inter Alia, Trade Mark, Registered, Proceedings, Exclusive Right To Use, Receipt, Certificate Result: Application dismissed ORDER This is an application under section 46 read with section 68(d) of the Trade Marks Act, 1940 for cancellation of the entries on the Register of Trade Marks relating to Trade Mark No. 61512 in Class 134) dated 4-12-1974. The facts as related by the learned counsel for the petitioner are that the respondent No. I applied for registration of the aforesaid trade mark in Class (34) on 4-12-1974 which was advertised in the Trade Mark Journal dated 1-11-1976. The last date for filing opposition expired on 25-3-1977. But on 4-7-1977 the petitioner fixed application for extension of tine to lodge opposition before the Registrar. The learned Assistant Registrar heard the parties in regard to the request for extension of time and rejected the application by his order dated 23-7-1977. On 24-7-1977 the registration certificate was sealed. In the events that happened the petitioner had also applied on 22-8-197 5 for registration of his trade mark in Class (34) in respect of Besides which was entered under No. 62741. This application was also advertised in the Trade Mark Journal of 1-3-1977. The respondent No. 1 filed 'opposition under section 15 of the Trade Marks Act to the application of the petitioner, inter alia, on the basis of Trade Mark No. 61512. According to the learned counsel for the petitioner the application of the petitioner is pending decision. In the meantime, aggrieved. By the registration of the trade mark of respondent No. 1, the petitioner has brought the present application for cancellation of the trade mark of respondent No. I. In support of the present…

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