S.USHA,VICE -CHAIRMAN - (1.) THE original appeal arises out of the order dated 06/02/2013 refusing the application for registration of the trade mark under No. 1973768 in class 5 under the provisions of the Trade Marks Act, 1999.
(2.) THE appellant filed an application for registration of the trade mark "Avanti's" on 01/06/2010 under No. 1973768 in class 5. The user claimed was since May 2004. The said application was examined and an examination report dated 19/12/2011 along with the search report citing the conflicting mark was issued.
(3.) ON 05/03/2012, the appellant replied to the said letter dated 19/12/2012. On 31/12/2012, a hearing notice was issued by the Trade Marks Registry to the appellant, fixing the hearing on 31/01/2013. The Assistant Registrar heard the appellant and passed the impugned order refusing the application for registration on 06/02/2013. Thereafter, upon the request by the appellant, the Assistant Registrar issued the grounds of decision for refusing the said application. The Assistant Registrar refused the application for registration under sections 9 and 11 of the Act.;