V.K. Jain, J.

1. In WP (C) No.7084/2010, Shri Gajender Kumar and Chaudhary Ved Ram trading as M/s. Vedram & Sons (as applicant), applied to the Registrar of Trade Marks for registration of the mark PARAS PREMIUM, on 23.12.1996. The petitioner claims to have acquired rights over the said trademark PARAS PREMIUM. It appears that some objections to the proposed mark were raised by the Trade Marks Registry. Vide letter dated 8.6.2001, the report of the Trade Marks Registry was sent to the applicant stating therein that if no reply was received within three (3) months from the date of the letter, the application for registration of the trademark would be treated as abandoned in terms of Rule 39 (2) of the Trade & Merchandise Marks Rules, 1959. The case of the petitioner is that on receipt of the said letter dated 8.6.2001 it had agreed to association with application No.745528, besides agreeing to disclaim the word ‘PREMIUM’.

2. Vide notice dated 4.3.2005, the Registrar of Trade Marks informed the applicant that since it had failed to comply with the office requirements called for, the application for registration was ordered as abandoned, on account of its default in prosec