RAJ RATAN APPLIANCES (INDIA) Vs. M/S MAYA APPLIANCES PVT. LTD. & ANOTHER

JUDGEMENT

(1.) THIS appeal is preferred by the appellant challenging the order of the Deputy Registrar of Trade Marks dated 17.11.2009 dismissing the Interlocutory Petition dated 19.09.2009 filed by the appellant herein.

(2.) THE appellant filed an application seeking for registration of a trade mark PREETHAM (label mark) advertised under application No.1496400 in class 21, under proviso to Section 20(1) in Trade Marks Journal No.1383 dated 01.01.2008. The respondent herein filed a Notice of Opposition raising objection against registration of the aforesaid mark under various provisions of Section 9,11 & 18 of the Act & Rules (hereinafter referred as Act & Rules). The appellant filed the Counter Statement to the Notice of Opposition.

(3.) PERUSAL of Interlocutory Application filed by the appellant herein discloses that a specific objection was raised to the effect that TM -5 has not been signed by the opponent and has not been verified in accordance with the trade marks law and hence the same is liable to be rejected as it was signed by the advocate for the opponent who was authorized to prosecute the case by raising such grounds, the appellant herein sought for dismissal of the notice of opposition.