T.R. Subramanian, Technical Member - (1.) THIS is an appeal against the order of the Deputy Registrar of Trade Marks, Chennai dated 19th day of July, 1999 dismissing the Opposition No. MAS/2644 filed by the appellants opposing the registration of the respondents trade mark Application No. 477462.
(2.) The respondents M/s. Pharman Laboratories hereinabove had filed Trade Mark Application No. 477462 on 26th August, 1987 at the Trade Marks Registry, Chennai for "registering the trade mark QSTWIN word perse in class 5 in respect of pharmaceutical and medicinal preparations. The said mark was proposed to be used on the date of the application. The application was accepted and advertised in the trade marks journal dated 16.12.91. On 17th February I992 M/s. Ranbaxy Laboratories hereinabove filed a notice of opposition opposing the registration of the respondents' mark under Sections 9, 11(a), 11(e), 12(1) and 18(1) of the Trade and Merchandise Marks Act, 1958 mainly claiming that the appellants are the registered proprietors of the trade mark FORTWIN under trade mark No. 297761 in class 5 in respect of medicinal and pharmaceutical preparations for human use. The respondents filed their counter state merits denying the allegations of the opponents. The appellants filed their evidence in support of the opposition. The respondents filed their evidence in support of their application. The appellants filed their evidence in reply. The case was heard by the Deputy Registrar of Trade Marks on 16th December, 1998. By his order dated 19th July, 1999 the Deputy Registrar dismissed the opposition on the ground that the rival marks are not deceptively similar.
(3.) THE appellants filed an appeal TMA 4/99 before the Hon'ble High Court of Chcnnai which was transferred to the IPAB. THE appeal was heard by IPAB on 23rd December, 2003.;