BROOKE BOND LIPTON INDIA LIMITED Vs. GIRNAR EXPORTS

JUDGEMENT

(1.) THE present writ petition is directed against the order passed by Respondent No. 3, which is the appellate authority under the Trade Marks Act, 1999. Under the impugned order, the appellate authority has rejected the application filed by the present petitioner seeking permission to adduce additional evidence.

(2.) THE petitioner had filed applications before the Registrar of Trade Marks bearing Nos. 398076, 398077, 397359 and 453651. The present respondent No. 1 had filed opposition in respect of such applications which had been numbered as MAS 3322, MAS 3306, MAS 3510 and CAL-2702. Such proceedings were considered and ultimately decided against the petitioner and applications were rejected. Against the said order, the petitioner has filed appeal nos. TA/47/2003/tm/ch (TMA6/2003), OA/34/2004/tm/ch and OA/69/ 2004/tm/ch and TA/305/2004/tm/kol. During pendency of such appeals, the petitioner had filed M. P. Nos. 86 and 87 of 2004 seeking leave of the appellate authority to file documents as additional evidence.

(3.) SO far as M. P. No. 86 of 2004 is concerned, the appellate authority had indicated that such application shall be taken up along with the main appeals. M. P. No. 87/2004, wherein the present petitioner had sought the leave of the appellate authority to conduct a market survey and to submit a report, had been rejected at that stage. Thereafter, the appeal was not taken up for long period on account of the retirement of the Chairman of the Appellate board.