SHRI RAM ENTERPRISES Vs. NIKITASHA HOME APPLIANCES LTD.
TRADE MARK REGISTRY
Shri Ram Enterprises
Nikitasha Home Appliances Ltd.
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B.C.Rathore, Deputy Registrar -
(1.) THIS order disposes the notice of opposition No. 757202 of original opponent Shri Ajay Kumar Malhotra filed on 02.03.2010 against the application for registration of trade mark NIKITASHA filed by applicant on 3.1.2006 in class 11 claiming user of marks continuously since 1st October, 2005 in respect of following goods: - -
"Toasters, press, coffee maker, pop toasters, fans, coolers, electric tandoor, heaters, electric cookers, hot blenders, hot plates and heating appliances included in class 11".
After examination, on 16.12.2008, the mark NIKITASHA was "Advertised Before Acceptance (ABA) IN OFFICIAL Trade Marks Journal No. 1406, on page 381 and made available to public in order to invite opposition, if any, as per rule of law.
(2.) ON 2.3.2010, the original opponent filed a notice of opposition No. 757202 on prescribed form TM -5 against the registration of mark, claiming himself to be registered proprietor of mark NIKITASHA under registration No. 1001282 in class 11, registered for identical as well as similar goods as claimed by applicant. On 30.11.2011, Hon'ble High Court Delhi in FAO No. 511/201 & CM Nos. 21637 -38/2011. Pradeep Kapahi v. Nikltasha Home Appliances Pvt. Ltd. directed the Registrar of Trade Marks, Delhi to decide the application of applicant dated 3.1.2006 and the objection filed by Shri Ajai Kumar Malhotra (the opponent) within a period of six weeks from the date of order. It was also directed to issue the necessary certificate under Trade Marks Act in favour of appellant (the applicant) within a period of three weeks from the date of decision of Registrar, in the event, the Registrar gives his decision in favour of appellant.
(3.) ON receipt of order of Hon'ble High Court on 20.12.2011, the parties were issued necessary notices to appear before this Tribunal on 29.12.2011 for hearing,;
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