SANJEEV KUMAR CHASWAL,TECHNICAL MEMBER - (1.) THE applicant has filed two rectification applications ORA/91/2012/TM/ DEL and ORA/102/2012/TM/DEL having a common issue related to application No. 1310453 in class -31 for cattle feed, poultry feed and other allied goods and application No. 1310454 in class 35 for services, advertising, distribution, marketing, retail and wholesale services relating to cattle feed & poultry feed under the provisions of the Trade Marks Act, 1999 (herein after referred to as Act).
(2.) AS the disputes are common between the parties in both the application Nos.1310453 in class 31 and 1310454 in class 35, one common order is being passed.
(3.) THE brief facts of the case are: The applicant started a partnership firm namely M/s Shree Durga Industries in the year 2004. The said partnership firm consisted of three partners namely Shri. Darshan Kumar (the applicant), Shri. Ranjit Kumar Sharma (the respondent) and Shri. Raj Kumar, another partner. The applicant's partnership firm during the course of its business started using the trade mark "BAWA/BAWA FEED" for cattle feed, poultry feed and other allied goods. The said trade mark "BAWA/BAWA FEED" was used extensively by the partnership firm for the above goods.;