S. Jagadeesan, J. (Chairman) - (1.) THE appellant has filed this appeal against the order of the Deputy Registrar of Trade Marks, New Delhi, dated 19.6.1995, wherein the Deputy Registrar has disallowed the opposition No. DEL 7472 of the appellant and accepted the application No.386161 in Class 12 of the first respondent for registration of the trade mark 'MICRON'.
(2.) We have heard Shri N. Mahabir with Ms. Sheetal Vohra for the appellant and Shri M.R. Bhale Rao for the first respondent. We have also perused the impugned order of the Deputy Registrar of Trade Marks. Prima facie, we are of the view that the impugned order of the Deputy Registrar is liable to be set aside for the simple reason that the order does not reveal any reason for the conclusion arrived at by the said Deputy Registrar. Till page 3 of his orders, the Deputy Registrar has narrated the filing of the application and the opposition and other evidences. The first paragraph at page 4 deals with the hearing. The second paragraph deals with the arguments of the counsel for the respondent. None appeared on behalf of the appellant. The Deputy Registrar has just mentioned the citations referred by the learned counsel for the respondent and again referred to the contention of the said learned counsel for the respondent. In the penultimate to the concluding paragraph, he has stated as follows: "I have gone through the file carefully and come to the conclusion that the opponents have failed to establish the grounds of opposition in view of the arguments and reasons advanced in the preceding paragraphs. I am of the firm opinion that the impugned mark MICRON is not deceptively similar to the opponents trade mark MICO, hence the opponents have failed to restrain the registration of the mark applied for."
(3.) AFTER this paragraph, in the concluding paragraph he has given the result. It is for the Deputy Registrar, who is discharging the quasi judicial function to apply his mind to the contentions of the learned counsel for the respondent and also refer to the opposition filed by the appellant and other materials available on record and discuss the same in detail exhibiting his application of mind for the materials available on record and then arrive at the conclusion by giving out his reasons. Though, the Deputy Registrar has mentioned that the arguments and reasons had been advanced in the preceding paragraphs, a perusal of the impugned order do reveal the arguments and the reasons of the learned counsel for the respondent and do not reveal any of his reasons for his conclusions.;