S.USHA VICE CHAIRMAN - (1.) APPLICATION for rectification of the trade mark "KELUR" registered under No.1123243 in Class 5 under the provisions of the Trade Marks Act, 1999.
(2.) THE application for rectification was filed on various grounds. The applicant's main averment was that they had been using the trade mark "KELUR" prior to that of the respondents, who had been using a similar trade mark "KELUR". The rectification application was filed on 11.05.2006.
(3.) THE respondents herein filed their counter statement on 24.11.2006. The applicants herein filed their reply to the counter statement on 27.02.2007. On 18.07.2013, when the matter was posted for hearing, the counsel for the applicant was present and none appeared for the respondents. The notice sent to the respondents for the hearing on 18.7.2013 was returned with an endorsement "unserved". So we directed the applicants to send a notice to the respondents for the hearing on 19.08.2013 by Speed Post with Acknowledgement due and by Courier.;