S. Usha, Member(T) - (1.) THE main rectification application is for removal of the trade mark MILTON registered under No. 1198540 in class 11 from the Register of Trade Marks under Section 57 of the Trade Marks Act, 1999 (hereinafter referred to as the Act). THE application for rectification is filed on various grounds as the registration is alleged to be in contravention of the provisions of the Act.
(2.) Along with the rectification application two miscellaneous petitions i.e. M.P. No. 57/07 and M.P. No. 57/08 have been filed. M.P. No. 57/07 M.P. No. 57/07 has been filed by respondent herein for a direction from this Appellate Board that the statement of case so filed does not form part of the case file and the respondent may deal only with the case as set up in the statutory Form No. 1.
(3.) M.P. No. 57/08 M.P. No. 57/08 has been filed by the applicant herein praying that this Appellate Board may be pleased to allow the amendments as sought for in the application and take the amended Form 1 and amended statement of case on record.;