Raghbir Singh, Vice-Chairman - (1.) THE appeal No. 216/2002 (T&M) has been transferred from the High Court of Judicature at Jabalpur to this Board and numbered as TA/287/03. THE case was listed for consideration and was heard on 9.8.2004. Learned counsel Shri Haridas Gupta appeared for the appellant and learned counsel Shri Prashant Sharma appeared for the second respondent.
(2.) Appellant filed Appeal No. 216/2002 (T&M) in the High Court of Judicature at Jabalpur against the order dated 25.11.2002 passed by the Assistant Registrar of Trade Marks, Mumbai in matter of opposition of appellant in application No. 596305 in the name of M/s. Bharat Auto Products, Gwalior. The issue about maintainability of the appeal in the High Court of Judicature at Jabalpur was taken at the outset. Learned counsel for the appellant argued that this Hon'ble Board should not sit on the technicality of the issues and in the interest of justice should hear the appeal and decide the same on merits. Learned counsel for the respondent vehemently opposed and contended that it is time-barred and as such it should be dismissed.
(3.) THE Trade Marks Act, 1999 was brought into force on 15th September, 2003. THE Intellectual Property Appellate Board has been established with effect from 15.09.2003 under Section 83 of the Trade Marks Act, 1999 vide Government of India S.O. 1049 (E) dated 15.09.2003. Sub-section (4) of Section 159 of the Trade Marks Act, 1999 provides as under :- "(4) Subject to the provisions of Section 100 and notwithstanding anything contained in any other provision of this Act, any legal proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act had not been passed". THE impugned appeal filed in the High Court of judicature is a legal proceeding pending in a court at the commencement of the Trade Marks Act, 1999.;