SANYO ELECTRIC CO LTD Vs. ASSISTANT REGISTRAR OF TRADE MARKS
INTELLECTUAL PROPERTY APPELLATE BOARD
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S. Usha, Member (T) -
(1.) THE appeal has been filed by the appellant herein against the order of the Assistant Registrar of Trade Marks dated 25.2.2005 rejecting the opposition No. AMD 63708 and treating the same as abandoned by invoking the deeming provisions under Rule 50(2) of the Trade Marks Rules, 2002 (hereinafter referred to as the Rules).
(2.) The appellant is a trans - national company incorporated under the laws of Japan in the year 1950 and is engaged in the business of manufacturing and selling various electric appliances and various electric and electronic products. The appellant is the original adopter of the world famous and well known trade mark 'SANYO'. The trade mark 'SANYO' of the appellant has been registered in over 25 countries throughout the world including India since about 1952.
The third respondent herein had applied for registration of the trade mark 'SANYO' in class 19 under application No. 1136826B in respect of ceramic tiles, clay tiles and the same was advertised in the Trade Marks Journal Mega -II, dated 25.9.2003. The appellant had given a notice of opposition to the said application on 19.2.2004 being opposition No. AMD-163708. The third respondent filed their counter to the notice of opposition on 24.9.2004.
(3.) THE appellant could not file their evidence in support of opposition in time and filed an application on Form TM-56 seeking extension of time up to 24.1.2005 for filing their evidence along with the prescribed fee. THE learned Registrar had granted time upto 24.12.2004 by letter dated 23.12.2004 which was received by the appellant on 28.12.2004, i.e. after expiry of the extended period. THE appellant filed another application in Form TM-56 on 31.12.2004 seeking further extension up to 24.1.2005. THE appellant in the meanwhile had also filed their evidence on 20.1.2005 which was also duly served on the third respondent.;
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