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2019 Supreme(Del) 1748

V.KAMESWAR RAO
Gopal Ji Gupta – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shailen Bhatia, Mr. Amit Jain, Adv.
For the Respondent: Mr. Rajesh Kumar, Ms. Santwana, Adv.

JUDGMENT :

V. KAMESWAR RAO, J.

1. The present petition has been filed with the following prayers:-

“It is, therefore, respectfully prayed that the Hon’ble Court may be pleased to issue an appropriate Writ of Mandamus or any other Writ or direction to the Respondents.

(a) To set aside the Communication dated 15.07.2015 passed by the Ld. Registrar of the Trade marks dismissing the Form TM-12 of the Petitioner in respect of registration No.473696 in class 25;

(b) To allow filing of the TM-12 in respect of registration No. 473696 in class 25;

(c) To allow the Form-12 so filed by Petitioner and issue renewal Certificate to the Petitioner in respect of registration No. 473696 in class 25;

(d) Any other or further writ or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case be also passed by the Hon’ble Court in favour of the Petitioner and against the Respondents.”

2. It is the case of the petitioner and contended by Mr. Shailen Bhatia that petitioner has been trading as M/s Kiran Textiles and vide application dated June 15, 1987, applied for registration of Trademark “BINACA” for category of goods included under Class 25, under Trade & Merchandis

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