S. Muralidhar, J.

1. The challenge in this petition by United Biotech Pvt. Ltd. ("UBPL?) is to an order dated 14th October 2008 passed by the Intellectual Property Appellate Board ("IPAB?) allowing an application filed by Respondent No. 1 Orchid Chemicals and Pharmaceuticals Ltd. ("OCPL?) seeking removal of the trade mark FORZID registered under No. 1144258 as of 18th October 2002 in Class 5 from the Register of Trade Marks.

Background facts

2. The Petitioner UBPL states that it is, inter alia, engaged in the manufacturing and selling of pharmaceutical preparations including injections bearing the trade mark FORZID. UBPL claims that since 2002 it took steps to launch CEFTAZIDIME injections in the market under the trade mark FORZID. It entered into a licence agreement with M/s. Oscar Remedies Pvt. Ltd. ("ORPL?), Haryana for manufacturing FORZID injections. UBPL made an application for registration of the said trade mark under No. 1144258 dated 18th October 2002 in Class 5. The said mark was advertised in Journal Mega dated 25th November 2003. The registration was granted unopposed. The sales figures of UBPL's products under the trade mark FORZID for the years 2002-03 till 2006-