( 1 ) IN this petition, the following two questions arise for consideration:-

1) Whether the Registrar of Trade Marks has the power to extend the time for filing of the evidence affidavit in support of an opposition beyond the maximum period of three months prescribed under rule 50 (1) of the Trade Marks rules, 2002 "

2) Whether the non-filing of the evidence affidavit within the prescribed time, ipso facto, means that an opposition to a trade mark application would be deemed to have been abandoned in terms of the provisions of Rule 50 (2) of the trade Marks Rules, 2002 "

( 2 ) THESE questions arise in respect of an application for registration of the trade mark "sunergy" in Class-3 filed on behalf of the petitioner and the opposition to the same filed on behalf of the respondent No. 1. On 14. 06. 1995, the petitioner (Sunrider Corporation) filed an application for registration of its trade mark "sunergy" in Class-3. On 21. 02. 2001, the same was advertised in the Trade Marks Journal. The respondent No. 1 (Hindustan Lever Limited) filed an opposition to the same in Form TM-5 on 24. 05. 2001. The petitioner filed its counter-statement in Form TM-6 on 14. 10.