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Bhupinder Jain v/s M/s Radhika Food Products & Another


Company & Directors' Information:- B. P. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MP1994PTC032994

Company & Directors' Information:- S P P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412DL2004PTC128666

Company & Directors' Information:- J S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15314OR1991PTC002964

Company & Directors' Information:- H R B FOOD PRODUCTS PVT LTD [Active] CIN = U15146WB1988PTC045281

Company & Directors' Information:- V D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400DL2012PTC231717

Company & Directors' Information:- P R FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC030483

Company & Directors' Information:- S S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15310MH2003PTC142530

Company & Directors' Information:- B K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15312OR1996PTC004541

Company & Directors' Information:- O H P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U52205DL1999PTC100269

Company & Directors' Information:- K V FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15122DL2007PTC162739

Company & Directors' Information:- K. C. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15431JK1982PTC000554

Company & Directors' Information:- K I C FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15316DL1979PTC009757

Company & Directors' Information:- R B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15313DL2010PTC202753

Company & Directors' Information:- R K B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490KL2013PTC033500

Company & Directors' Information:- S K G FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15419UP1991PTC013771

Company & Directors' Information:- JAIN FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15411UP1985PTC007581

Company & Directors' Information:- B H FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15134DL1997PTC084273

Company & Directors' Information:- N S FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1992PTC055591

Company & Directors' Information:- H N FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15146UP1990PTC011540

Company & Directors' Information:- V K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412UP1988PTC010023

Company & Directors' Information:- B M FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15419WB1993PTC060386

Company & Directors' Information:- I K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1991PTC051852

Company & Directors' Information:- S S V FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15499AP1982PTC003547

Company & Directors' Information:- S Q P FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15100MH2003PTC139217

Company & Directors' Information:- F S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MH2000PTC126031

Company & Directors' Information:- Z K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400MH2010PTC209818

Company & Directors' Information:- M B S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U01112WB2003PTC096375

Company & Directors' Information:- N D FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15131DL2002PTC115754

Company & Directors' Information:- RADHIKA PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24232HR2008PTC037767

Company & Directors' Information:- JAIN PRODUCTS PVT LTD [Strike Off] CIN = U45201HR1982PTC013605

Company & Directors' Information:- C K M FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1998PTC012358

Company & Directors' Information:- G S C FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15316WB1985PTC038398

Company & Directors' Information:- A K G FOOD PRODUCTS PVT LTD [Under Liquidation] CIN = U15412WB1990PTC049789

Company & Directors' Information:- J M D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15419DL1998PTC097578

Company & Directors' Information:- L K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15200TG2016PTC103411

Company & Directors' Information:- FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15431JK1966PTC000304

Company & Directors' Information:- R R FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PN2015PTC154753

Company & Directors' Information:- A N FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400TG2013PTC091969

Company & Directors' Information:- R V S K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490DL2012PTC245851

Company & Directors' Information:- K G Y FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400KA1984PTC005909

Company & Directors' Information:- FOOD PRODUCTS (INDIA) PVT. LTD. [Strike Off] CIN = U15311HR1994PTC032356

Company & Directors' Information:- M K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15209DL1979PTC009924

    M.P.No.41 of 08/ in OA/13 of 08/TM/DEL

    Decided On, 04 June 2010

    At, Intellectual Property Appellate Board

    By, HONOURABLE MS. S. USHA VICE-CHAIRMAN & HONOURABLE MR. SYED OBAIDUR RAHAMAN TECHNICAL MEMBER

    For the Appellant: N.K. Manchanda, Advocate. For the Respondents: None.



Judgment Text

(Circuit Bench Sitting at Delhi)

ORDER (No.113/2010)

S. Usha, Vice- Chairman:

1. Appeal arising out of the order allowing the opposition No.172194 and refusing registration of the trade mark ‘RIGHT CHOICE’ in class 30 in respect of rice of all kinds under the provisions of the Trade Marks Act, 1999 (hereinafter referred to as the Act).

2. The appellant herein filed a miscellaneous petition No.41/08 under section 95 of the Act to stay the operation of the order dated 27.12.2007 pending disposal of the appeal. The miscellaneous petition has been filed on the ground that the impugned order is contrary to the facts on record and the provisions of law. The balance of convenience is in favour of the appellant. The appellant would be put to irreparable loss if the order is not recalled and remanded back to the Registrar for fresh hearing. In view of the above, the impugned order be stayed.

3. The notice sent to the first respondent was served for the hearing on 21.05.10 but none appeared for the first respondent. We therefore set the respondent exparte and heard the petitioner.

4. The learned counsel for the petitioner contended that the impugned order was contrary to law and was erroneously passed. The other contention was that there was another opposition against the same application and hence the impugned order ought to be stayed. The counsel relied on two judgements 2004 (29) PTC 614 (IPAB) Sona Tea House Vs. Sona Spices Private Limited and Another and 2002 (25) PTC 198 (Delhi) (DB) -Osram Gesells chaft Mit bescharankter Haftung Vs. Shyam Sunder & Ors. The first judgement was filed in support of his contention that when two oppositions were filed against one application, they are to be heard together. The second judgement was relied on to decide the matter on merits of the main appeal.

5. We have heard the counsel and have gone through the pleadings. The issue that is to be decided is to stay the operation of the impugned order pending disposal of the appeal. We do not find any plea as to one another opposition was pending against the same application in the miscellaneous petition or any mention of the same in the impugned order. In such case, the judgement of this Board relied on by the petitioner has no relevance at this stage. In the opposition proceedings, the application for registration has been refused and the opposition is allowed and

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so we do not find it necessary to stay the operation of the impugned order. The petitioners are not at a loss as the common law right is always available to them. 6. We do not find any merit in the miscellaneous petition and is therefore dismissed without costs.
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