M/S. VOLTAS LIMITED Vs. DEBRAJ DEY, TRADING AS M/S. AKUROM ENTERPRISES

JUDGEMENT

(1.) THIS appeal arises out of the order dated 20/10/2006 passed by the Deputy Registrar of Trade Marks, disallowing the opposition No. CAL -156852 and allowing the application No. 673973 in class 9 to proceed to registration under the provisions of the Trade Marks Act 1999 (hereinafter referred to as the Act). The 1st respondent herein filed an application for registration of the trademark VOLTA under No. 673973 in class 9 on 21/7/1995 in respect of "lead acid accumulator". The trademark was proposed to be used on the date of application. On 20/05/2003, the 1st respondent filed a request in Form T.M. 16 for amending the date of user to be read as 01/04/1990. The request for amendment was allowed on 06/06/2003. The trademark was thereafter advertised in the Trade Marks Journal No. Mega I Vol. D at page No. 392 dated 25/08/2003.

(2.) THE appellant herein filed the notice of opposition in Form T.M. 5 opposing the grant of registration. The 1st respondent filed their counter statement in Form T.M. 6 defending the registration. On completion of the pleadings the matter was heard and the Deputy Registrar passed the impugned order.

(3.) THE matter was listed for hearing on 18/12/2013. Mr. S. Majumdar with Ms. Sreemoyee Roy Chowdhury appeared on behalf of the appellant and Ms. Kajal Sinha appeared on behalf of the 1st respondent.