A.K. SIKRI, J.

1. Nobody appears on behalf of the appellant inspite of pass over. We have gone through the record with the assistance of the learned counsel for the respondent.

2. The appellant had got the trademark “Laminated Veneer Lumber (LVL)” registered in his name in class 19 in respect of doors, windows and their frames for which certificate dated 16.8.2004 was issued in his favour, granting the registration from the date of application i.e. 27th October, 1997. The respondent no.2, M/s Jain Doors Private Ltd. (hereinafter referred to as JDPL) challenged the said registration by moving rectification application before the Intellectual Property Appellate Board, (hereinafter referred to as „the IPAB?). This application was allowed by the IPAB vide orders dated 16.11.2006.

3. Challenging that order, the petitioner had preferred writ petition 72/2007 that has been dismissed by the learned Single Judge of this Court vide order dated 5th March, 2010, thereby affirming the order of the IPAB. It is the said order of the learned Single Judge which is assailed by the appellant by means of present appeal.

4. In the rectification application preferred by JDPL, the case set up b