S.USHA,VICE -CHAIRMAN: - (1.) THE instant matter was posted for maintainability of the appeal, as it was filed without condonation of delay fees. The matter was heard and a direction was given to the appellants to pay the fees within three weeks from the date of order. The date of the order was 27/07/2012. There was also a direction to the Registry to post the matter on 28/08/2012. Therefore the matter was listed on 28/08/2012.
(2.) ON 28/08/2012, the learned counsel for the appellant submitted that there has been a delay in paying the condonation fees and that the delay may be condoned. The reason for delay was that an order was passed by the Trade Marks Registry restoring the application which was removed for non -payment of renewal fees. Now that the application has been restored, the appeal has become infructuous and the need to pay the condonation fee was not necessary and they do not intend to pursue the matter.
(3.) WE have heard and considered the appellant's counsel. The facts of the case is as given under: - The appellants filed an application for registration of the trade mark EVEREST (label mark) on 10/12/1990 in class 3. The said mark was advertised in the Trade Marks Journal on 21/08/1999. The same was opposed and the Registrar passed an order dismissing the opposition and allowing the application for registration. Against which the applicant therein had preferred a Review Petition which was also dismissed on 13/12/2002. The appellants did not receive the Registration Certificate. ;