Prasenjit Mandal, J. - (1.) CHALLENGE is to the Order No.180 of 2010 dated July 30, 2010 passed by the Hon'ble Intellectual Property Appellate Board in OA/93/09/TM/KOL thereby allowing the misc. petition being No.330 of 2009.
(2.) IN allowing a miscellaneous petition being Misc. Petition No.330 of 2009 filed by the appellant, the Hon'ble Appellate Board stayed the operation of the order dated March 9, 2009 passed by the Joint Registrar of Trade Marks till the next date of hearing. The Registrar was also directed not to issue the certificate of registration in Application No.769516B in class 34. The Joint Registrar of Trade Marks, that is, the opposite party no.4 herein accepted the application of the petitioners being No.769516B in class 34 upon certain terms and conditions for registration under the provisions of the Trade Marks Act, 1999 and in consequence, the opposition being no. CAL -169298 to the Application No.769516B in class 34 was dismissed. Being aggrieved by such orders, the opposite parties/appellants preferred an appeal before the Hon'ble Intellectual Property Appellant Board and the said Board allowed the misc. petition being Misc. Petition No.330 of 2009 granting the prayer for stay of the portion of the order dated March 9, 2009 till the next date of hearing. Being aggrieved, this application has been preferred.
(3.) NOW , the question is whether the impugned order should be sustained.;