RAKESH KUMAR GUPTA Vs. GORESH DOMESZTIC APPLIANCES

JUDGEMENT

(1.) BY this petition, the petitioner challenges the entry in respect of trade mark 'jyoti' under No. 421846 in class 7 in the name of respondent No. 1. According to the averments in the petition, the petitioner is a registered proprietor of the trade mark 'jyoti' and that registration was made in August 1982. According to the averments in the petition, on 14th May 1984, one Shri Jai Narain Agarwal, who was sole proprietor of M/s Maharashtra Enterprises, applied for registration of trade mark 'jyoti' in class 7 and pursuant to that application, the trade mark 'jyoti' was registered in favour of the said person on 14th May 1984. Thus, in this petition, the petitioner is challenging an entry made in the trade mark register on 14th May, 1984. This petition has been filed under Section 56 of the Trade and Merchandise Marks Act, 1958. Sub-sections (1) and (2) of Section 56 are relevant, they read as under :

(2.) PERUSAL of the above provisions shows that any person who feels aggrieved by any entry made in the trade mark register, can make an application to this Court for cancellation of that entry. It is common ground before me that under the Trade Marks Act, there is no period prescribed within which such an application can be made. Section 3 of the Limitation Act lays down that subject to the provisions contained in Sections 4 to 24, every suit, appeal preferred and application made after the prescribed period shall be dismissed although limitation has not been set up as a reason. Section 3 of the Limitation Act reads as under :"

(3.) BAR of limitation