JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. None appears for the Petitioner. There has been no appearance for the last several hearings.

3. The present two appeals under Section 91 of the Trade Marks Act, 1999 have been filed by the Appellant-Sachdeva Sons Industries Pvt. Ltd. challenging the impugned order dated 3rd September, 2014 passed by the Respondent- Deputy Registrar of Trade Marks. The trade mark applications involved in the present appeals are as follows:

Application no.ClassDate of ApplicationApplicantTM-16 applicant585668 in C.A.(COMM.IPD-TM) 96/20223025th November, 1992Mahaveer Rice Traders781851 in C.A.(COMM.IPD-TM) 97/20223011th December, 1997Paras Trading Co.

				M/s. Jain Riceland

4. In both the appeals, vide the impugned order, the TM-16 under Section 22 of the Trade Marks Act, 1999 filed by the TM-16 Applicant-M/s. Jain Riceland on 9th April 2012 for substituting the name of M/s Jain Riceland Pvt. Ltd. has been allowed by the Respondent-Deputy Registrar of Trademarks.

5. In C.A.(COMM.IPD-TM) 96/2022, Applicant-M/s Mahaveer Rice Traders, 1783-A, Naya Bazar, Delhi-110006 filed an application for registration of the mark `PHOOLPARI' bearing application no.585668 dated 25th November, 1992 in Class 30. The trademark journal extract reads as under:

"585668 - November 25, 1992. BHUPENDER JAIN, trading as MAHAVEER RICE TRADERS; 1783-A, Naya Bazar, Delhi - 110006. Manufacturers, Merchants, Traders and Dealers. Proposed to be used. (DELHI)"

6. In C.A.(COMM.IPD-TM) 97/2022, Applicant- Paras Trading Co. filed an application for registration of the mark `ROYAL' bearing application no. 781851 dated 11th December 1997 in Class 30.

7. The said marks `PHOOLPARI' and `ROYAL' were opposed by the Appellant-Sachdeva & Sons Industries Private Limited vide opposition no. DEL-T-1569/54830 dated 17th January, 2000 and vide opposition no. DEL- 146271 dated 3rd December 2003 respectively. In both the said opposition proceedings, a TM-16 application was filed by M/s Jain Riceland Pvt. Ltd. dated 9th April, 2012, for amendment of the respective applications in their name.

8. In C.A.(COMM.IPD-TM) 96/2022, the said M/s Jain Riceland Pvt. Ltd. relied upon an assignment deed dated 2nd April, 2012 by which Applicant-M/s Mahaveer Rice Traders through the sole proprietor - Mr. Bhupinder Jain had assigned the trademark `PHOOLPARI' with its pending application, along with other pending applications to M/s Jain Riceland Pvt. Ltd. On this TM-16, submissions were heard and vide impugned order the same was allowed with the following observations:

"The applicant has preferred in the Application on TM-16 filed on 09/04/2012 that the name of JAIN RICELAND PVT. LTD. 1783, Naya Bazar, Delhi - 110006 be entered in the Application as proprietor of the trade mark applied for registration pending before this Tribunal, by virtue of an Deed of Assignment executed on 02/04/2012 by M/s Mahaveer Rice Traders through Shri Bhupinder Jain and by allowing the amendment/substitution of Applicant's name, the nature and interest of the Opponent is not going to be changed or prejudiced in any manner, as they have filed Notice of Opposition to application for registration of trade mark and if the same is proceeded either in the name of Mahaveer Rice Trader or JAIN RICELAND PVT. LTD., the opponents grievance would remain the same and uninterrupted, therefore, the interest of justice would be served in allowing the application to avoid multiplicity of proceedings and the opponent would be entitled to raise all the objections at the time of merit of the case and during the course of the hearing of the proceedings. In my view, no prejudice would be caused to the opponent if the TM-16 filed on 09/04/2012 for amendment of application is allowed. Of course, the opponent is entitled to be compensated with cost for the inconvenience and expenses occasioned.

Therefore, the request filed on Form TM-16 dated 09/04/2012 for amendment of Application No.58

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