Sanjay Kishan Kaul, J. - (1.) The petitioner filed an application for registration of trade mark (TRIX) in Classes 29 and 30 in respect of Fruit based snack foods and Cereal based snack food and frosting. The mark was claimed to be proposed to be used as on the date of application, i.e. 30.03.2005. In the course of examination by the Registry, under Sec. 11 of the Trade Marks Act, 1999 (hereinafter referred to as 'the Act'), an objection was raised on the ground that the said Trade Mark is absolutely identical to a prior registered trade mark in Class -30 for the same and similar specification of goods.
(2.) After hearing the petitioner, the application for registration was refused, vide a communication dated 20.11.2007 and the reasons for the decision, on being asked vide Application in Form TM -15 dated 04.12.2007, was supplied on 28.5.2008.
(3.) The petitioner preferred an appeal under Sec. 91 of the said Act, which has been dismissed by the impugned order dated 25.11.2011.;