Raghbir Singh, Vice-Chairman - (1.) CM(M) 146/1995 has been transferred from the High Court of Delhi in terms of Section 100 of the Trade Marks Act, 1999 and has been numbered as TA/109/2003/TM/DEL.
(2.) The hearing was held on 16.9.2004 at New Delhi and Shri Sanjay Jain, the learned counsel appeared for the appellant and Shri N.K. Anand, the learned counsel appeared for the first respondent. An application No. 352301 for registration of the trade mark in class 33 in the name of M/s. Cognac Exshaw S.A., was filed on 10.8.1979. In due course, the mark was advertised in the Trade Marks Journal No. 898 on 1.11.1986 at page 648. The first respondent filed their opposition on 21.1.1987. The applicant filed their counter statement on 6.11.1987. In due course the applicant and the opponents filed their evidences.
(3.) DURING the pendency of the proceedings before the Trade Marks Registry, the original applicant, viz., M/s Cognac Exshaw S.A., was merged with its parent company viz., Cognac Otard S.A. with effect from 10.6.1987. Cognac Otard S.A. changed its name to Chateau de Cognac S.A. with effect from 12.11.1992. Attorneys of the appellant filed an interlocutory petition with the Registrar of Trade Marks, Delhi, on 19.4.1994 on behalf of Cognac Otard S.A. and the appellant alongwith Forms TM 16 for both of them.;