Ramji Lal,ARTM - (1.) ON 31.1.1994, Shri Gopal Dass Arora trading as M/s. Gopal Dass & Sons, at "Bazar Bikanerian, Katra Ahluwalia, Amritsar - 143006, Punjab State" (hereinafter referred to as the applicants) filed on application for registration of a Trade Mark "GOPAL" in respect of Tea included in class 30. The application was numbered as 618131, wherein the user was claimed since 1.4.1981. In due course, the application was examined and was allowed to be advertised before acceptance in the Trade Marks Journal No. 1231 (Supplement) dated 21.9.2000 at its page 269.
(2.) On 8.12.2000, M/s. Takkar (India) Tea Company, Janta Market, Kaithal, Haryana, (hereinafter referred to as the opponents) gave a notice of their intention to oppose the registration of the Trade Marks advertised, as aforesaid, on the basis of various grounds as contained therein. The applicants filed their counter-statement on 18.9.2001 generally denying all the material allegations on contained in the notice of opposition. The opponents filed their evidence in support of opponents under Rule 53 by way of an affidavit dated 17.1.2002. The applicants filed their evidence in support of application under Rule 54 by way of an affidavit dated 6.6.2002. Vide this office letter dated 17.7.2002, the opponents were directed to file the rebuttal-evidence, which the opponents filed under Rule 55 but beyond the extended period and failed to file any Form TM-56 to cover up the period between 7.8.2002 to 25.9.2002, despite required vide this Registry's letter dated 12.11.2002.
(3.) THE matter was then fixed for hearing and ultimately came up before me on 24.12.2002, when Shri Sanjeev Singh Advocate, appeared for the opponents, while Shri Kamal Kishore Arora Advocate appeared for the applicants.;