JUDGMENT (Oral)

1. This appeal assails the following order dated 30th August 2018, passed by the learned Deputy Registrar of Trademarks in Application No. 2772497 filed by Respondent 1 M/s Livguard Energy Technologies Pvt Ltd. seeking registration of their mark "LIVGUARD ZING" in respect of batteries, invertors and like goods:

"Proceedings were initiated under Section 21 of the Trade Mark Act, 1999, by the above named opponent to oppose the registration of trade mark applied for by the above named applicant and whereas the Counter Statement was filed by the applicant and the same was served to the opponent on and whereas within the time prescribed under the rules, neither any evidence in support of opposition was filed nor any statement was submitted on behalf of the opponent to the effect that the opponent does not desire to adduce evidence but wants to rely on the facts mentioned in the Notice of Opposition. The above mentioned opposition is, therefore, deemed to have been abandoned under Rule 45(2) of the Trade Marks Rules 2017.Thc above mentioned application shall proceed further as per rules.

IT IS HEREBY FURTHER ORDERED that there shall be no order as to cost of these proce