Ramji Lal,ARTM - (1.) THESE proceedings relate to an application for review filed on 3rd October, 2002 by Afroz Ahmed and Feroz Ahmed trading as Sahana Works, 444, Dariyabad. Allahabad-211003 (hereinafter referred to as the Opponents/Petitioners) to review the Order under Rule 53 (2) passed by the then Deputy Registrar of Trade Marks on 3rd September, 2002.
(2.) Mr. Ajay Sahni and Mr. Ram Naresh Awasthi, Advocates instructed by the Calcutta Trade Marks Company, appeared for and on behalf of the applicants M/s. Kanpur Trading Company Private Limited, 117/H-2/202, Pandu Nagar, Kanpur and none appeared on behalf of the review petitioners/opponents. Briefly, the facts are that on 7th January, 1993 the aforesaid Applicants/Respondents made two applications for registration of two label marks consisting of the word 'Ghari' in Class-3 under Application No. 588196 and 588197 in respect of Detergent Cake and Detergent Powder respectively. Both these application were advertised in the Trade marks Journal No. 1224 dated 1st June, 2000. The Opponents/Petitioners filed their notice of opposition against both the said applications on 28.9.2000, which were served upon the applicants/respondents. The applicants filed their Counter Statement in both the matter within time on 22.2.2002. In pursuance of Section 21(3) of the Trade & Merchandise Marks Act, 1958 the Registry forwarded the Counter Statement to the Opponents/Petitioners inviting their attention to Rules 53 to 60 of the Trade & Merchandise Marks Rules, 1959. In terms of Rule 53(2) the opponents were also clearly intimated that if no evidence in support of the opposition is filed or if no intimation is received that the Opponent does not desire to adduce any evidence in support thereof, at this office within two months from the receipt of the duplicate of the counter-statement, the Opposition will be deemed to have been abandoned. The copy of the Counter Statement was sent by the office to the Opponents/Petitioners vide Registry's letter dated 26.2.2002. The Opponents/Petitioners sought for extension of time for filing evidence in support of their Opposition on two occasions, firstly vide TM-56 dated 12th April, 2002 and thereafter vide TM-56 dated 14th June, 2002 in both the matter.
(3.) AS the opponents/petitioners failed to file the requisite evidence or any intimation thereto within the statutory time, by reason of the operation of Rule 53(2) of the Trade & Merchandise Marks Rules, the said opposition were deemed to have been abandoned and a formal order for costs was passed by the then Deputy Registrar of Trade Marks on 3rd September, 2002. Resultantly Opposition No. DEL-T-2179 and T-2178 were deemed to have been abandoned and the Opponents/Petitioners were ordered to pay to the Applicants/Respondent a sum of Rs. 50/- in each cash.;