S.USHA - (1.) THE Miscellaneous Petition No. 72 of 2013 is to substitute the name LAHEJJAT GLOBAL BEVERAGES PRIVATE LIMITED in the place of M/s. LAHEJJAT TEA under section 92(2) of the Trade Marks Act, 1999 read with Rules 10, 11, 14, 16, 17 and 19 of the Intellectual Property Appellate Board (Procedure) Rules, 2003.
(2.) THE original respondent M/s. Lahejjat Tea was a partnership firm registered under the Indian Partnership Act, 1932. M/s. Lahejjat Tea assigned its business vide agreement deed dated 28/04/2012 as a going concern on a slump sale basis along with all its rights, benefits and interests in the said business including the trade mark together with all debts and liabilities to the present respondent. The original respondent has since been dissolved vide a deed of dissolution dated 08/05/2012 with effect from 01/05/2012. Therefore, this instant Miscellaneous Petition has been filed to bring on record the assignee as respondent.
(3.) THE respondents / the applicants herein did not file their counter affidavit to the Miscellaneous Petition but made their oral submissions. The learned counsel for the petitioner submitted that as there was an assignment of the trade mark, the present respondent i.e., the assignee has to be brought on record, the Miscellaneous Petition therefore be allowed for amending the name of the respondent.;