TORRENT DRUGS AND CHEMICALS PRIVATE LIMITED Vs. REGISTRAR OF TRADE MARKS TRADE MARKS REGISTRY AND THE ASSISTANT REGISTRAR OF TRADE MARKS TRADE MARKS REGISTRY BRANCH
INTELLECTUAL PROPERTY APPELLATE BOARD
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S. Usha, Member (T) -
(1.) THE appeal filed before the High Court of Gujarat, Ahmedabad as appeal No. 21 of 1995 has been transferred to this Board in terms of Section 100 of the Trade Marks Act, 1999 and numbered as TA/RECT/256/2004/TM/AMD.
(2.) This appeal is directed against the order passed by the Assistant Registrar of Trade Mark, Ahmedabad removing the trade mark 'RANITIN' under No. 439974 in class 5, under Section 56(4) of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the said Act) in the name of the appellant in respect of pharmaceutical and medicinal preparations.
The appellant had filed an application under application No. 439974 for registration of the trade mark 'RANITIN' in class 5 on 7.7.1985 as a proposed mark. The said application was advertised in the Trade Marks Journal No. 1009 dated 16.6.1991 at page 390. The said application was opposed by three companies under opposition No. AMD-208, AMD-235 and AMD 244.
(3.) THE said advertisement was cancelled by the Registrar of Trade Marks, namely the first respondent herein and the same was advertised in the Trade Marks Journal No. 1018 dated 1.11.1991 at page 1017. THE cancellation advertisement was made without notice to the appellant herein and show cause notice in this regard was issued on 14.1.1992 communicating to the appellant the proposal of the Registrar to withdraw the order of advertising the application before acceptance in pursuance of Sections 18(4)/19 of the Act read with Rule 44 of the Trade and Merchandise Marks Rules, 1959.;
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