S .USHA,VICE -CHAIRMAN - (1.) The above appeals are filed against the order passed by the Assistant Registrar of Trade Marks dated 20/12/2012 dismissing the notice of opposition filed by the appellant (OA/8/2012/TM/DEL) and directing the applications to proceed for acceptance of the Registration under section 18(4) of the Trade Marks Act, 1999 (hereinafter referred to as Act), which may be re -advertised under section 20 (2) (a) after due acceptance at his discretion as per the rule of law (OA/45/2013/TM/DEL).
(2.) THE appellants in both the appeals are partially aggrieved against the impugned order and therefore two appeals namely OA/8/2012/TM/DEL and OA/45/2013/TM/DEL arising out of a common order passed by the Assistant Registrar in opposition No.DEL 757202 against application No.1410936. The appellant in OA/8/2012/TM/DEL is referred to as the appellant and the appellant in OA/45/2013/TM/DEL who is the respondent in OA/8/2012/TM/DEL is referred to as the respondent in the order. The instant appeal grounds and the counter statement in OA/45/2013/TM/DEL are not given in detail for the sake of not repeating. OA/8/2012 /TM/DEL
(3.) FACTS of the case are that the appellant is engaged in the business of manufacturing, marketing and exporting inter alia of electrical and electronics items including home appliances, heating, cooling, refrigerating installations and apparatus etc. The appellant is the true owner and lawful proprietor of the trade mark NIKITASHA in respect of the aforesaid goods. The said trade mark was honestly and bonafidely adopted by M/s Thermo Control and Instrument (a sole proprietorship firm of Mr. Deepankar Bhalla) as back as in the year 2003. The said firm was importing the said goods from abroad under various trade marks including its own trade mark NIKI TASHA.;