RANJAN GOGOI, J. - (1.) After hearing the matter elaborately we arrive at the conclusion that the Special Leave Petition ought not to be entertained. However, in view of the extensive arguments at the Bar we deem it appropriate to support our aforesaid conclusion with the reasons therefor.
(2.) The brief facts are as follows: The petitioner ­ 'Royal Orchid Hotels Limited' got registration of its trademark 'Royal Orchid' and 'Royal Orchid Hotels' in class 16 sometime in the year 2005. The aforesaid registration was challenged by the Respondent No.1 before the Intellectual Property Appellate Board (for short, 'IPAB') which dismissed the challenge on 04.10.2011. The respondent No.1 approached the High Court of Madras by instituting Writ Petition Nos.26544-26545 of 2011, which was dismissed by the High Court on 07.02.2014. The special leave petition against the order of the High Court was also dismissed by this Court on 01.09.2014. The dispute with regard to registration of the trademarks 'Royal Orchid' and Royal Orchid Hotels in class 16, therefore, has attained finality in law.
(3.) It appears that the petitioner sometime in the year 2004 applied for registration of its aforesaid trademarks in class 42. This was refused by the Deputy Registrar of the Trademarks. In appeal, the IPAB by order dated 18.06.2013 set aside the order of the Deputy Registrar and allowed the registration of the petitioner's trademark in class 42. The respondent No.1 had approached the High Court by instituting a Writ Proceeding registered and numbered as Writ Petition No.22691 of 2013. The same has been allowed by the impugned order dated 11.02.2015. Aggrieved, this special leave petition has been filed seeking leave to appeal against the aforesaid order of the High Court dated 11.02.2015.;