RAMESH KUMAR CHAMPALAL Vs. CHETAN SURESHBHAI SHAH & ANOTHER

JUDGEMENT

(1.) THIS appeal is preferred by the appellant challenging the order dated 24/02/2010 passed by the Deputy Registrar of Trade Marks, Chennai allowing the opposition filed by the respondent herein in Opposition No. MAS -600028 in Application No. 690805 in class 05 refusing the registration.

(2.) MR . Arun C. Mohan, learned counsel appearing for the appellant would submit that though the appellant has raised several grounds, they are confining only on the ground of non consideration of the claim and contention of the appellant on the ground of honest and bonafide concurrent user. The learned counsel would submit that the Deputy Registrar has not considered the explanation given by the appellant for honest and concurrent use and in view of the same, the impugned order is liable to be set aside and the matter may be remand back for fresh consideration.

(3.) EARLIER in this case, though the 1st respondent was already served notice, neither the party nor any of their representative counsel appeared before the Board and accordingly the 1st respondent was set ex parte as per the order of the Board dated 12/11/2013.