M.H.S. Ansari, Chairman - (1.) INSTANT appeal is directed against the order dated 20.12.2005 passed by the Ld. Assistant Registrar of Trade Marks, the 2nd respondent herein, rejecting the opposition No. MAS-54894 filed by the appellant and allowing the trade mark under application No. 578091 to proceed for registration.
(2.) The miscellaneous petition for stay had come for hearing on 4.12.2006 orders were reserved thereon and the main appeal was directed to be posted for hearing on 2.2.2007. Thereafter the same has been adjourned from time to time on the request of 1st respondent. The matter when it was listed for hearing on 16.11.2007 and when called on, Shri Madan Babu learned Counsel appeared on behalf of appellant trust and made his submissions on merits. None was present on behalf of 1st respondent. However, after learned Counsel Shri Madan Babu completed his arguments, Shri A.K. Ravindernath learned advocate appeared and submitted on behalf of APR Associates that the learned Counsel on record for 1st respondent was not doing well and filed petition in form-5 for adjournment of hearing. Orders were reserved. After hearing Shri Madan Babu learned Counsel on behalf of the appellant and having perused the relevant pleadings and the evidence on record, we are of the view that as the matter is covered by a judgment of this Board passed in OA/25/2006/TM/CH dated 19.3.2007 (Japan Tobacco Inc v. R.A. Karthik and Anr.) no useful purpose will be served by retaining the matter on the file of this Board or by adjourning the same as prayed for on behalf of 1st respondent. We accordingly reject the prayer for adjournment made on behalf of 1st respondent in form-5.
(3.) A few relevant facts need only be stated for the purpose of disposal of this appeal, they are, as can be seen from the order under appeal, as under: "On 29th July, 1992 an application was filed for registration of a trade mark consisting of the word OASIS along with device of a camel and other features (label) under No. 578091 by Minor R.A. Karthik represented by his father and natural guardian Sri A. Ramamurthy, trading as The Abhishek Match Industries, Bhuvadharini-83-Kamaraj Road, Sivakas -626 123 (Tamilnadu) (hereinafter referred to as "the Applicant") in respect of safety matches in class-34. After some initial objections, the mark was ultimately ordered to be advertised as accepted for registration in the Trade Marks Journal No. 1212 dated 8.12.1999 at page 150 and 151. On 27.1.2000 M/s P. Iya Nadar Charitable Trust, Proprietors, The South Indian Lucifer Match Works, No. 12-A Chairman Shanmugha Nadar Road, Sivakasi - 626 123 (hereinafter referred to as "the opponent") filed a notice of opposition to the aforesaid application. The said opposition was numbered as MAS-54894. By the orders under appeal dated 20.12.2005 learned Assistant Registrar disallowed the said opposition and directed that the application No. 578091 shall proceed for registration.;