AVADH BEHARI ROHATGI
RATAN AND COMPANY – Appellant
Versus
P. NARAYANAN – Respondent
( 1 ) THESE are two appeals against the orders of the Assistant Registrar.
( 2 ) THE undisputed facts are these. On 5th October, 1966 the appellants Messrs. Rattan and Co. filed an application bearing No. 238044-B to register the trade mark JAINSON in class 6 in respect of padlocks. The application was advertised in the Trade Marks Journal on 1st September, 1967.
( 3 ) ON 30th November, 1967 the opponents Messrs. R. P. Locks Co. of Delhi filed an application in Form TM-44 praying for extension of time for one month for giving notice of opposition to the registration of the trade mark. This request was signed by their advocate engaged by them.
( 4 ) SINCE the request was not accompanied by a power of attorney of the said advocate no action was taken in the Registry on this request contained in TM-44.
( 5 ) ON 2nd December, 1967 a letter was addressed by the opponents advocate requesting the registry to treat TM-44 as withdrawn.
( 6 ) ON llth December, 1967 a notice of opposition signed by the said advocate along with a power of attorney was received in the Registry. The Registry by letter dated 18th December, 1967 informed the advocate that the notice of opposit
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