Raghbir Singh, Vice-Chairman - (1.) CM (M) No. 236/95 was filed in the High Court of Delhi and has been transferred to this Board in terms of section 100 of the Trade Marks Act, 1999 and has been number as TA/112/2003.
(2.) Appellant Shree Balaji Industries filed application No. 465957 dated 12.1.1987 for registration of word 'APPU' in class 12. They claimed user since 1.10.1983. The application after having been accepted was advertised in the Trade Marks Journal No. 1002 dated 1.3.1991 at page 1428. First respondent M/s Narula Industries gave a notice of opposition on 6.5.1991. They claimed that they are using the word 'APPU' and device since November, 1982 for the goods "parts, fittings and accessories for cycles and rickshaws" and they had already made an application for registration of the said mark under No. 479708 dated 10.10.1987. The opposition of the impugned mark was based under Sections 9,11,12 and 18 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act) and the first respondent also prayed for exercise of discretion vested in the Tribunal under Section 18(4) of the Act, adverse to the appellant. The appellant filed their counter statement on 24.7.1992 wherein they denied various' averments of the first respondent. First respondent filed evidence by way of an affidavit under Rule 53 of the Trade and Merchandise Marks Rules, 1959 on 18.1.1993. The appellant filed their evidence by way of an affidavit on 16.2.1993. There was no reply evidence from the first respondent.
(3.) THE Assistant Registrar of Trade Marks heard the matter on 12.1.1995 when Shri Shailen Bhatia, advocate for the respondent was only present. THEre was no one from the side of the appellant. Appellant rather filed their written statements vide their letter dated 8.8.1994 and requested that the matter may be decided on the basis of those submissions.;