U V ENTERPRISES Vs. NEW BHARAT RICE MILLS

JUDGEMENT

(1.) This is a writ petition filed under Article 226 and 227 of the Constitution of India against the judgment and order dated 11.11.2011 passed by the Intellectual Property Appellate Board (hereinafter referred to as IPAB). The IPAB by virtue of the impugned order has set aside a order of the Assistant Registrar of Trade Marks dated 06.11.2000, whereby the opposition filed by the respondent to the application for registration of the trade mark 'Taj' with the device of 'Taj Mahal Label' (collectively referred to hereinafter as trade mark) was rejected. In other words, the Assistant Registrar directed registration of the petitioner's application for registration of trade mark in class 30; a direction which has been reversed by the IPAB in the appeal before it.

(2.) With this preface in place, let me advert to facts which are relevant for the purposes of adjudication of the present writ petition.

(3.) Upon completion of pleadings and placement of requisite material before him, the Asstt. Registrar heard arguments in the matter, and consequently, disposed of the applications before him vide order dated 06.11.2000. It may be of some significance to note that the Asstt. Registrar, who passed the order on remand, as noted by the IPAB appears to be the same officer whose orders had been set aside by this court in the first round. The Asstt. Registrar by the impugned order once again rejected the respondent's application of opposition and directed registration of the writ petitioner's trade mark in class 30.