J B HOSIERY INDUSTRIES Vs. ROOP HOSIERY FACTORY
INTELLECTUAL PROPERTY APPELLATE BOARD
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S. Jagadeesan, Chairman -
(1.) SINCE both the appeals are arising out the common order of the Deputy Registrar of Trade Marks, at the request of both the counsel, the appeals are taken up for joint disposal.
(2.) These appeals are directed against the impugned order of the Deputy Registrar of Trade Marks, dated 22.3.1994, accepting the application No, 374835 of the first respondent for registration of the trade mark 'COMEX' in respect of Nylon socks and thereby rejecting the opposition No, 4848 filed by the appellant. The. appellant also filed application No. 358666 for registration of the trade mark 'COMEX' in respect of underwears and Banians, viz., inner garments. The first respondent filed Opposition No. 7595. The Deputy Registrar of Trade Marks took the application of the first respondent for consideration stating that the conclusion in this application would cover the issue involved in the other application filed by the appellant.
We, also deal in this order, the application filed by the first respondent to avoid any confusion in the disposal,
(3.) THE first respondent filed application No. 374835 for registration of the trade mark 'COMEX' in respect of Nylon Socks included in class 25 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act). THE appellant herein filed Opposition No. DEL 4848 stating that the appellant adopted the trade mark COMEX in the year 1975 in respect of Hosiery goods and has been in continuous use thereby attained goodwill and reputation in the market. THE impugned mark is contrary to Sections 9, 11, 12(3), 18(4) and 19(1) and 18(4) of the said Act. THE parties filed their respective evidence and after completion of the procedure contemplated under the Act, hearing was given.;
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