ASHOKA DRESSES REGD Vs. BONNS SHIRTS

JUDGEMENT

(1.) By this common order I propose to dispose of the aforesaid petitions in whichthe petitioners have challenged similar orders passed by the Registrar of TradeMarks and as similar and common issues arise for consideration.

(2.) The petitioners herein have challenged the orders passed on 15.5.1996 by theRegistrar of Trade Marks disposing off the interlocutory petitions filed by the opponents.

(3.) Brief facts leading to filing of the aforesaid petitions are that Shri Hans RajThukral, Shri Raj Kumar Thukral and Shri Swaran Thukral trading as Ashoka Dressesapplied for registration of trade mark 'LION' with device of head of lion adjacent to thefirst alphabet 'L' of the word Lion, in respect of ready-made garments included inclass-25. The aforesaid application was advertised before acceptance in TradeMark Journal No. 1092 dated 1.12.1994. Subsequently, thirteen opponents filed theirnotice of opposition opposing therein the registration of trade mark advertised in theTrade Mark Journal as aforesaid. During the pendency of the aforesaid notice ofopposition opposing the registration the respondents herein filed interlocutoryapplications contending inter alia that the aforesaid advertisement in trade markjournal is a mis-representation and has created confusion and deception in themarket and the same is meant for deceiving the public by way of misusing the sameby the petitioners. The aforesaid applications were taken up for consideration by theRegistrar of Trade Marks and were disposed of by the impugned orders which arethe subject matter of challenge in the present petitions.