LAWS(IP)-2013-10-8

RAISH CHANDER SHUKLA Vs. ABDUL GHAFFER TRADING AS M/S. ABDUL GHAFFER & CO.

Decided On October 31, 2013
Raish Chander Shukla Appellant
V/S
Abdul Ghaffer Trading As M/S. Abdul Ghaffer And Co. Respondents

JUDGEMENT

(1.) THE instant rectification application was filed for removal of the trade mark TUFAN MALE BIDI (label mark) registered under No. 678922 in class 34 before the Hon'ble High Court of Delhi in C.O. 14/2003. The application was transferred to this Board as per the provisions of section 100 of the Trade Marks Act, 1999 and re -numbered as TRA/120/2004/TM/DEL.

(2.) THE brief facts of the case is as under: -

(3.) ON 02/09/1963, a Will was executed by Mohammad Sattar in favour of his wife Smt. Shakooran Bibi and after her lifetime in favour of his nephew Mr. Mushtaq Ahmed. The said Will was registered. The entire properties were therefore, enjoyed by Smt. Shakooran Bibi and after her lifetime it would devolve on Mr. Mushtaq Ahmed. Mr. Mohammad Sattar had no issues.