PRABHA SRIDEVAN - (1.) THIS is a rectification application filed in respect of word mark GEMINI in application No. 1312060 in class 3 registered in the name of Madasiva Prasad, the respondent herein.
(2.) ACCORDING to the applicant, he has been using the mark even prior to the respondent and on the basis of registration in his favour, the respondent is initiating legal proceedings in various courts both criminal and civil.
(3.) WE heard the matter on 15/11/2011 and we had requested the Learned Counsel for the applicant to produce the documents filed in the Ongole District Court to prove the prior user. The Miscellaneous Petition No. 60/2012 has also been filed. But today when the matter came up for hearing, a suggestion was mooted that if the applicant restricted his trade to East Godavari District and the respondent to West Godavari District, there may not be any further dispute. The parties have no objection to each other selling in other districts.;