S. Usha, Vice -Chairman - (1.) THE Appellant has filed an appeal under Section 91 of the Trade Marks Act, 1999 (hereinafter referred to as the Act) against the order of the Deputy Registrar of Trade Marks dated 23rd February, 2009 refusing registration of application No. 1084176 in class 5 and allowing the opposition No. DEL -164807. The appeal has been filed beyond the limitation time provided under Sub -section 1 of Section 91 of the Act. The present application is to condone the delay of 16 days.
(2.) THE present application to condone the delay in filing the appeal is on the ground that the opposition proceedings were handled by one another counsel and now the present counsel has been engaged to file the appeal and the present counsel on receipt of the entire records from erstwhile counsel had to study the file which, took some time and that there was a delay. Further the clients being placed at Ireland, necessary documents were to be signed for engaging a new counsel and there was again a delay. In reply to this application, the counsel for the Respondent No. 1 stated that non -compliance of the law and rules laid down would prejudice the rights. The application to condonation should not be allowed as no satisfactory or full proof or explanation given for the delay. The appeal be rejected as time barred.
(3.) WE have heard Shri Anupam Pandey counsel for the Appellant and Shri S.C. Chadha learned Counsel for the Respondent No. 1 in the Circuit Bench Sitting at New Delhi on 28th August, 2009.;