S. Usha, Technical Member - (1.) THIS appeal has arisen out of the order dated 10.04.2007 passed by the Deputy Registrar of Trade marks dismissing the opposition No. DEL-201337 and allowing the application No. 793931B to proceed to registration of the trade mark 'MARSHALL' in class 7.
(2.) The respondent No. 1 filed an application for registration of the trade mark 'MARSHALL' under application No. 793931B on 05.03.1998 in class 7 in respect of industrial and domestic sewing machines and parts therefor (except needles) for sale in India and export claiming user since 26.02.1998 under the Trade Marks Act, 1999 (hereinafter referred to as the Act). The said application was advertised in the Trade Marks Journal No. 1327 Suppl. (5) dated 31.01.2005 at page No. 1173. The above Trade Marks Journal was made available to the public on 15.04.2005. The Trade Marks Journal was despatched on 10.06.2005 which was received by the appellant's counsel on 14.06.2005. The appellant herein, opponent before the Registrar of Trade Marks filed the notice of opposition on 25.07.2005. The Registrar of Trade Marks issued a show cause notice on 23.03.2006 asking for an explanation as to how the notice of opposition could be taken on record when it was time barred. The appellant had sent their explanation stating that the Trade Marks Journal though was made available to the public on 15.04.2005 was received by the appellant's counsel only on 14.06.2005 and that the notice of opposition was filed on 25.07.2005. The appellant along with the reply to the show cause notice had also filed Form TM-44 with the requisite fee on 03.04.2006. The Deputy Registrar of Trade Marks without accepting the same had fixed the hearing on 12.07.2006.
(3.) THE Deputy Registrar of Trade Marks passed an order dismissing the notice of opposition No. DEL 201337 and allowing the application No. 793931 B to proceed to registration. Aggrieved by the said order, the appellant / opponent is before us on appeal.;