D.S.Bansod,ARTM - (1.) THE matter relates to the Review Petition dated 4th June, 2004 on Form TM-57 under Section 97(C) of the Trade and Merchandise Marks Act, 1958 filed by the opponents/petitioners against the Order dated 5th May, 2004 passed by Shri Ramji Lal, Assistant Registrar of Trade Marks (under the provisions of THE Trade Marks Act, 1999) vide which the Opposition No. DEL-T-3769 was abandoned. THE grounds of review are stated in the Review Petition (Statement of Case).
(2.) In brief the facts in this case are that the trade mark Raja Gul Label was sought for registration under application No. 583085 in class 34 claiming proprietorship to the mark since the year 1987 by M/s Aftab Tobacco Products, Malikpura, P.O. Mohamadabad, Yusufpur, Distt, Ghazipur, U.P. The application was advertised in Trade Marks Journal No. 1269 dated 16th April, 2002 at page No. 349. A notice of opposition on Form TM-5 was lodged on 5th August, 2002 by M/s Amanat Tobacco Gul Manufacturers, Near Mahavir Dharamshala, Yusufpur, Mohamadabad, Distt, Ghazipur, U.P - 23227, objecting to the registration of the aforesaid mark of the Applicant under Sections 9, 11(a), 11(c), 12(1), 12(3) and 18(1) of the Trade and Merchandise Marks Act, 1958. The counter-statement was filed by the applicant on 23rd April, 2003 denying all the material averments in the notice of opposition. A request on Form TM-56 was filed for an extension of time (two months) up to 11th April, 2004 for filing the opponent's evidence in support of opposition. The said request was partly allowed and the extension of time up-to 15th March, 2004 was granted to the opponents for filing an evidence and informed to the opponent vide office letter No. 9444 dated 5th March, 2004 as per provision of Rule 50(1) of the Trade Marks Rules, 2002. Another request on Form TM-56 was filed for extension of time of one month (i.e. 15.03.2004 to 15.04.2004) but the said request was refused under the provision of Trade Marks Act, 1999 on 25th March, 2004.
(3.) THE Review Petition came up for hearing before me on 24th October, 2005 when Shri O.P. Chauhan, Advocate appeared on behalf of the Opponents/Petitioners and Shri Ajay Amitabh Suman, Advocate authorised by M/s Delhi Registration Service appeared on behalf of the Applicant/Respondent.;