MS.S.USHA,VICE -CHAIRMAN: - (1.) THIS Review Petition has been filed against the order dated 03/09/2010 passed by this Board in ORA/155/2006/TM/MUM.
(2.) THE Review Petition has been filed on the ground that the evidence produced by the petitioner has not been considered. The petitioner had no opportunity of filing the evidence. The respondent (applicant in ORA/155/2006/TM/MUM) has not proved their case. In the absence of the records of the Trade Marks Registry, the findings of this Board has resulted in miscarriage of justice. The other ground was that the respondent's registration which has not been renewed was not considered by the Board.
(3.) THE respondents had also filed their counter statement. We heard both the counsel and we also perused the Trade Marks Registry records.;