M/S PACHRANGA INTERNATIONAL (CHANDER GROUP) Vs. M/S PACHRANGA INTERNATIONAL PVT. LTD. & ANOTHER

JUDGEMENT

(1.) THE applicant herein are seeking the removal from the Register of the Trade Mark PACHRANGA under No.1340594 in Class 29. The grounds on which the cancellation petition has been filed are briefly summarised as follows:

(2.) THE case of the respondent registered proprietor is summarised below :-

(3.) REJOINDER of the applicant The applicant state that the respondent cannot be the proprietor of the impugned mark. The alleged assignment deed dated 26th March, 2002, even if its is admitted to be valid and legal (while being denied), does not confer any right and title to the respondent on the impugned trade mark or its registration. The alleged assignment deed was executed by Shri Rajinder Kumar Dhingra acting on behalf of Pachranga International and Smt. Sharda Dhingra is the wife of Rajinder Kumar Dhingra. The alleged assignment deed was never executed in as much as there is no document & record conveying the proprietary right on the impugned trade mark. Further, the applicant denies having received the alleged expulsion letter from the Partnership firm by the co -partners of the firm. Without prejudice to this contention, the alleged expulsion is also bad in law, malafide and without any jurisdiction. No opportunity was given to the applicant to meet the allegation leveled against them. Further, the GPA given by Deed dated 13th July, 1985 in favour of Shri Rajinder Kumar Dhingra, the respondent herein was to run the business and not to throw out remaining partners. M/s Pachrang Syndicate Pvt. Ltd was incorporated way back in 1994 much prior to the execution of the Partnership Deed dated 1st April, 1999. The applicant also denied acting as a competitor to the erstwhile partnership firm. The applicant is suffering great hardship and under the facts and circumstances of the case, the Board should rectify the impugned registration.