A.D. PADMASINGH ISAAC Vs. S.D. MURALI & ANOTHER

JUDGEMENT

(1.) THIS review petition has been filed against the order dated 28 -01 -2010 dismissing ORA/51/2008/TM/CH.

(2.) THIS Review Petition has been numbered subject to the issue of maintainability.

(3.) THE learned Counsel for the Review petitioner submitted that the Review Petition has been using the mark Aachi since 1995. It applied for registration of the mark on 1 -11 -2004. According to the Learned Counsel the mark Aachi Masala has become synonymous with the Review Petitioner's goods and the business and reputation had grown immensely. The Review Petitioner found that the Respondent had marketed mineral water and soft drink under the mark Aachi which is alleged to be a blatant infringement. So the ORA was filed. No counter statement was filed and no one appeared before the IPAB when it heard the ORA.