JUDGMENT (Oral)

1. This appeal under Section 91 of the Trade Marks Act, 1999 assails order dated 14th June 2019, passed on behalf of the Registrar of Trade Marks, whereby Application No. 779092, filed by the appellant seeking registration of the trade mark PRIME CAB has been rejected as having been deemed to have been abandoned by the appellant, invoking, for the purpose, Section 21(2)^{1[21. Opposition to registration.--
(1) Any person may, within four months from the date of the advertisement or re-advertisement of an application for registration, give notice in writing in the prescribed manner and on payment of such fee as may be prescribed, to the Registrar, of opposition to the registration.
(2) The Registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter statement of the grounds on which he relies for his application, and if he does not do so he shall be deemed to have abandoned his application.]}

of the Trade Marks Act.

2. The application seeking registration of the mark PRIME CAB in