K.N.BASHA,CHAIRMAN - (1.) IN these matters, the respondent No.1 was continuously called absent in number of hearings and they have filed Form -5 applications giving stereo type of reasons. It is pertinent to note that no one represented during the earlier hearings to make their submissions in respect of request made by them by filing Form -5. Earlier the matter was listed on 12.06.2013, as there was no representation by the respondent No.1 except sending a Form -5, the matter was against listed on 18.12.2013 and again the respondent No.1 filed Form -5 without appearing either in person or through their advocate. In view of such a conduct of the respondent No.1, this bench granted the relief of interim stay till the next date of hearing ie. till today. Even today, the respondent No.1 neither appeared in person nor through any advocate, or filed any Form -5 till 12.45 AN today during the time of second call. In view of the above said conduct of the respondent No.1, we have left with no other alternative except to set the respondent No.1 ex -parte and proceed with the matter for hearing on merits.
(2.) THESE two applications are filed by the applicants for the removal of the trade mark of the respondent in respect of SIKHA BIRI bearing Registration Nos.1758978 & 1758979 in Class 34 respectively from the register of trade marks.
(3.) IN both these applications, the applicants and the respondent No.1 are one and the same and the issue involved is also same as the dispute is in respect of the same impugned trade mark except a difference in respect of size and therefore both the matters are taken together for hearing and we are passing common order hereunder: - As we have already pointed out earlier, the respondent No.1 was set ex -parte by assigning reasons. Now we are pointing out the sum and substance giving rise to the claim made by the applicants and the counter claim made by the respondent No.1 through their counter statement.;