S.USHA,VICE -CHAIRMAN - (1.) THE above appeal arises out of the order dated 01/03/2011 passed by the Senior Examiner of Trade Marks rejecting the notice of opposition as time barred and accepting the application No.634948 in class 29 for registration.
(2.) THE brief facts of the case are: The respondent No.2 herein filed an application under No.634968 in class 29 for the registration of the trade mark Priya on 25/07/1994. The user claimed was since February 1974. The mark was to be associated with No.367909. The said mark was advertised in the Trade Marks Journal No.1289 dated 16/02/2003 at page 4478. The Trade Marks Journal was made available to the public and received by the appellant on 26/03/2003.
(3.) THE appellants herein filed the Notice of Opposition on 26/05/2003 and by way of abundant caution, the appellants also filed an application for extension of time in Form TM -44 reckoning the relevant date of advertisement as 16/02/2003. Due to inadvertence the notice of opposition along with the Form on TM -44 and the necessary fees was sent to the Trade Marks Registry, Chennai instead of the Ahmedabad Registry. The Chennai Registry received the same on 30/05/2003.;