PREM PRAKASH ELECTRICALS Vs. THAKUR SPARE PARTS & ANR.

JUDGEMENT

(1.)

(2.) APPEAL against the order passed on 23.10.2007 by the Assistant Registrar of Trade Marks directing that the registered trademark under No. 970107 to be deleted from the Register in the matter of notice issued under Section 57(4) of the Trade Marks Act, 1999. The brief facts of the case are: - -

(3.) ON 01.01.2002, the 1st respondent had applied for registration of the trademark "Kwality" under No. 1071067 in Class -11. The appellant on coining to know of the mala fide intention of the 1st respondent verged on the 1st respondent who assured that they would change the label and also assured that they would also file appropriate application for changing their label before the Trade Marks Registry.