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2024 Supreme(Cal) 1007

KRISHNA RAO
Visa International Ltd. – Appellant
Versus
Visa International Service Association – Respondent


Advocates Appeared:
For the Appellant : Mr. Debnath Ghosh, Mr. Biswaroop Mukherjee, Ms. Vaibhavi Pandey, Mr. Rahul Poddar.
For the Respondents: Mr. Ranjan Bachawat, Sr. Adv. Mr. Soumya Ray Chowdhury, Ms. Pubali Sinha Chowdhury, Mr. Sagnik Bose Ms. Mini Agarwal, Mr. Sunil Singhania, Mr. N.L. Singhania, Mr. Dibashis Basu, Mr. Arun Bandyopadhyay, Mr. Shuvasish Sengupta, Mr. Souvik Ghosh, Mr. Ranjan Kr. Sinha, Mrs. Sanjukta Gupta.

JUDGMENT :

Krishna Rao, J.

1. In all the three appeals, a similar question is raised by the Learned Counsel for the appellants whether the Associate Manager of Trademark is empowered to pass the impugned order, accordingly, all the three appeals have been taken up together for hearing.

2. IPDTMA 82 of 2023 is an appeal under Section 91 of the Trade Marks Act, 1999 against the order dated 16th September, 2023, passed by Shraman Chattopadhyay, Associate Manager of Trade Marks in an opposition filed under No. 236324 against the application No. 1363190 in Classes 06 and 35.

3. IPDTMA 83 of 2023 is an appeal under Section 91 of the Trade Marks Act, 1999 against the order dated 16th September, 2023, passed by Shraman Chattopadhyay, Associate Manager of Trade Marks in an opposition filed under No. 236325 against the application No. 1363190 in Classes 06 and 35.

4. IPDTMA 1 of 2024 is an appeal under Section 91 of the Trade Marks Act, 1999 against the order dated 6th October, 2023, passed by Saurabh Dubey, Associate Manager of Trade Marks in an opposition filed under No. 727989 against the application No. 1536319 for registration of the mark “HANDLOOM GARDEN” (Device) in Class 35.

5. Though the

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