S.USHA - (1.) BOTH the appeals arise out of the orders dated 23.03.2012 passed by the Assistant Registrar of Trade Marks refusing to take on record the notice of opposition and allowing the applications to proceed to registration.
(2.) THE 2nd respondent herein filed two appeals under Nos.1320530 and 1325432 on 16.11.2004 and 13.12.2004 respectively. Application No.1320530 was filed in respect of "Jams, Marmalade, Jelly, Peanut Butter" in class 29. Application No.1325432 was filed in respect of automobile parts and accessories included in class 12. Both the applications were advertised before acceptance in the Trade Marks Journal No.1328, suppl (3) dated 21.02.2005 at page 2261 and 1369 respectively. The Trade marks Journal was made available to the public on 06.05.2005. The deadline to file the Notice of Opposition was upto 06.08.2005. With one extension, the counter statement could be filed latest on 06.09.2005. The appellant herein sent the Notice of Opposition dated 02.08.2005 which was despatched from Kolkata to Delhi Registry through courier service under Airway Bill No.114248385904 dated 02.08.2005. The transit time from Kolkata to Delhi is one day as per the courier receipt. The notice of opposition is deemed to have been received by the Delhi Registry on 3rd or 4th August, 2005.
(3.) ON 14.11.2006, a show cause notice was issued by the Registry, as to why the notice of opposition should be taken on record after posting the notice of opposition on official website. On 19.12.2006, a reply was sent by the appellants. On 21.03.2012, a hearing on the show cause notice was fixed. The hearing was fixed after six years. On 23.03.2012, the order came to be passed refusing to take on record the notice of opposition as it was time barred. Being aggrieved by the said order, the appellants have filed this instant appeal on various grounds.;