S. Jagadeesan, Chairman - (1.) THE appeal is directed against the order of the Deputy Registrar of Trade Marks, dated 23rd January, 2002, allowing the opposition No. 51952 filed by the first respondent herein and rejecting the application No. 542832 in class 12 filed by the appellant in the name of Chandra Prakash Varlani, to register the trade mark label containing the device of two juxtaposed wheels and the word "TAT" as its essential features of the mark in respect of their products and fittings for automobiles and two wheelers.
(2.) The appeal which was originally filed in the High Court of Judicature at Madras in T.M.A. No. 5/2002 was transferred to this Appellate Board by virtue of Section 100 of The Trade Marks Act, 1999. The appellant filed application No. 542832 in class 12 for registration of trade mark "TAT" alongwith the device of two juxtaposed wheels. The first respondent opposed the above mark under Opposition No. MAS 51952 stating that the appellant's word mark "TAT" is identical and similar to that of the first respondent's mark "TATA" and the Deputy Registrar of Trade Marks allowed the said opposition and refused the application of the appellant for registration.
(3.) IT seems the appellant filed one more application No. 542831-B in class 12 for registration of two wheels, which mark has been ordered to be associated with the impugned mark under the present proceeding. The Opposition No. MAS 51458 filed by M/s. Motor Industries Company Ltd., Bangalore, against the application No. 542831-B of the appellant, was dismissed by the Deputy Registrar of Trade Marks and consequently the application No. 542831-B was ordered to be proceeded to registration. Though the appellant's counsel argued this, the Deputy Registrar of trade marks has not made reference about the application No. 542831-B in the impugned order. However, the order dated 2.1.2002, in respect of application No. 542831-B was filed in the typed set in M.P. No. 17/04 in T.A. 17/2003.;