S. Usha, Member (T) - (1.) THIS appeal has arisen out of the order dated 29.09.2004 passed by the Deputy Registrar of Trade Marks in opposition No. BOM 56100 against application No. 600636 deeming the opposition as abandoned in terms of Rule 50(2) of the Trade Marks Rules, 200 (hereinafter referred to as the Rules).
(2.) The first respondent herein filed an application for registration of the label mark consisting of the word 'SUN' under application No. 600636 in class 5 on 02.07.1993 claiming user since March, 1993 under the Trade marks Act, 1999 (hereinafter referred to as the Act). The said application was advertised before acceptance in the Trade Marks Journal No. 1218 dated 08.03.2000 at page 84. The appellant herein filed a notice of opposition on 08.06.2000 objecting to the registration under Sections 11, 12 and 18(1) of the Act. On 7.02.2001 the first respondent filed their counter statement denying the various averments made in the notice of opposition. On receipt of the counter statement, the Trade Marks Registry had called upon the appellant herein to file their affidavit of evidence in support of opposition. The appellant herein had replied to the Registry stating that they do not desire to adduce any evidence. The matter was then fixed for hearing. The matter was heard on 29.09.2004. The applicants were represented by their counsel but no one appeared for the opponents before the Deputy Registrar nor Form TM-7 was filed by the opponents. The Deputy Registrar heard the applicants and passed the impugned order. Aggrieved by the said order, the appellants are before us on appeal.
(3.) THE appellant herein has filed the appeal on the ground that they had sent their written arguments and the same were not considered by the Deputy Registrar and appellants had gone about in their grounds of appeal on the merits of the matter.;