JUDGMENT (Oral)

1. On 28th April 1998, Respondent 2 filed Application No. 800324 for registration of the device mark [IMG] under class 32 in respect of "non-alcoholic drinks and beverages aerated water, beer and porter, syrups for making beverages essences".

2. On 15th September 2006, the appellant filed an opposition under Section 21 of the Trade Marks Act 1999, opposing the request of Respondent 2 for registration of the aforesaid device mark. Notice on the opposition was served on the Respondent 2, who filed a counter statement by way of response to the opposition on 15th April 2008. The date on which the counter statement was served on the appellant is not immediately forthcoming. However, it is not in dispute that the appellant filed its evidence in support of the opposition under Rule 50(1)¹[50. Evidence in support of opposition.-(1) Within two months from services on him of a copy of the counter-statement or within such further period not exceeding one month in the aggregate thereafter as the Registrar may on request allow, the opponent shall either leave with the Registrar, such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall