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M/s. Prag Oil Mills Ltd., New Delhi v/s M/s. Vigneswara Traders, Erode & Another


Company & Directors' Information:- N K OIL MILLS PVT LTD [Active] CIN = U15201GJ1994PTC022669

Company & Directors' Information:- B P OIL MILLS LIMITED [Active] CIN = U15142UP1965PLC003232

Company & Directors' Information:- K P L OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1983PTC003685

Company & Directors' Information:- N K B OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1999PTC013095

Company & Directors' Information:- K K K OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142KL2000PTC013621

Company & Directors' Information:- S N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142HR1986PTC025702

Company & Directors' Information:- G. B. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15326HR1985PTC019817

Company & Directors' Information:- R. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141DL1992PTC047883

Company & Directors' Information:- J K OIL MILLS COMPANY LIMITED [Strike Off] CIN = U15143UP1955PLC002570

Company & Directors' Information:- N N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15147MH1999PTC117989

Company & Directors' Information:- PRAG OIL MILLS LIMITED [Active] CIN = U74899DL1993PLC052777

Company & Directors' Information:- J & T OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141KL2006PTC019754

Company & Directors' Information:- A AND R OIL MILLS PVT LTD [Strike Off] CIN = U15315CH1994PTC014265

Company & Directors' Information:- DELHI OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142DL1969PTC005062

Company & Directors' Information:- NEW TRADERS PRIVATE LIMITED [Not available for efiling] CIN = U74999PY1957PTC000023

Company & Directors' Information:- NEW OIL MILLS COMPANY LIMITED [Dissolved] CIN = U99999MH1920PTC000687

Company & Directors' Information:- NEW INDIA OIL MILLS COMPANY LIMITED [Dissolved] CIN = U99999MH1947PTC005615

    M.P. No.78 of 2007 in OA/30/2007/TM/CH

    Decided On, 01 November 2007

    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.



Judgment Text

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 Registrar, in the order under appeal, has considered the opposition based on the repealed Trade & Merchandise Mark Act, 1958 and not on the basis of the present Act, 1999.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.
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