MEX SWITCHGEARS PVT. LTD. Vs. JAI DURGA ELECTRICALS & OTHERS

JUDGEMENT

(1.) THE appellant herein are seeking the quashing/setting aside of the order of the Deputy Registrar of Trade Marks, New Delhi dated 20.7.2012 in respect of DEL -191170 to Application No.893326 in Class 11. The facts giving rise to this appeal are summarized below: -

(2.) THE case of the respondent is summarized as follows: -

(3.) THE matter came up before the Deputy Registrar when the respondent/applicant petitioned that the notice of Opposition filed by the appellant/opponent should be treated as being deemed to be abandoned under Rule 50 (2). At the hearing before the Deputy Registrar the counsel appearing for the opponent informed him that she did not have any information regarding service of evidence in support of the opposition on the applicant. Nevertheless, the Deputy Registrar has observed in his order dated 20th July, 2012 that he "examined written arguments submitted by the opponent and judgments relied by them" and he gave his rulings on the objection relating to Sections 9, 11 and 18 of the Trade Marks Act, 1999.