At, Intellectual Property Appellate Board
By, THE HONOURABLE SHRI JUSTICE M.H.S. ANSARI
By, CHAIRMAN & THE HONOURABLE SHRI SYED OBAIDUR RAHAMAN
By, TECHNICAL MEMBER
A.K. Goel, Rajesh Ramanathan.
Hon?ble Shri Justice M.H.S. Ansari
1. Prima facie it appears that the Ld. Registrar, in the order under appeal, has considered the opposition based on the repealed Trade & Merchandise Mark Act, 1958 and not on the basis of the present Act, 1999.
2. The rival marks in question are as under:-
The opponent?s (Appellant herein) mark is GANESH MUSTARD OIL with device of LORD GANESH (No.120542). Another mark of the opponent (Appellant herein) is GANESH BRAND with device of Ganeshji registered on 12.12.1983. Applicants (Respondent herein) mark is label consisting of device of Lord Ganesh sitting and keeping the child Krishna on lap.
3. Prima facie on the identy of the marks and similarity of goods covered thereby viz. edible oil and the appellant being the prior adopter case is made out for issue of an interim order, in the following terms:
Ld. Registrar is permitted to proceed with all other formalities excepting the issue of certificate for registration until further orders or till disposal of the appeal. MP No.78 of 2007 in OA/30/2007/TM/CH is accordingly ordered in terms of above.
4. We are further direct that for hearing, the main ma
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tter be listed on 17.12.2007 on the clear understanding that on the adjournment date Ld. counsel for both the parties will place the main matter.