Ramji Lal,ARTM - (1.) BY this Order I shall dispose of the interlocutory petition dated 7.1.2001 filed by the opponent being the petitioner in the interlocutory petition which has been filed with the prayer that the evidence filed by them viz opponents be taken on record under Rule 50 of the Trade Marks Rules, 2002 and directions be issued for proceeding further in the opposition.
(2.) Both the respective Counsels appeared at the date fixed for the disposal of this interlocutory petition and argued their respective case in details. The Ld. counsel for the opponent petitioners prayed for the allowance of the interlocutory petition while the Ld. counsel for the applicant for registration vehemently opposed its grant. This interlocutory petition has been moved on the ground that the opponents were called upon to file their evidence by the Trade Marks Registry's letter of 23rd August, 2003 which was received by them (the opponent) on 25.08.2003 Subsequently, the opponents through a request made on 17.09.2003 applied for two months time from 25.10.2003 to 25.12.2003 for filing their evidence under Rule 53 of the old Rules and which evidence was allegedly filed by them on 23.12,2003. It was prayed that this evidence sought to be taken on record under this interlocutory petition, wherein the opponent/petitioner have further pleaded that this evidence is necessary for adjudication of the case and in the interest of justice and that no prejudice would be caused to the opposite side specially when the applicants have not even been asked to proceed under Rule 51. The delay in filing of the evidence is sought to be condoned.
(3.) THE opponents/petitioner has sought to base hid case under Rule 50 of the Trade Marks Rules framed under the New Trade Marks Act, 1999.;