JUDGMENT :

MINI PUSHKARNA, J.

1. The present writ petition has been filed with a prayer to quash the letter dated 20th August, 2024 under reference no. AD-2869 issued by the respondent. There is a prayer for direction to the respondent to take on record the notice of opposition filed by the petitioner and for proceeding with the opposition application, as per the Rules.

2. Petitioner is registered owner of the trademark ‘DECOR PLY’ under no. 2071369 and dealing in goods, i.e., ply wood, flush doors and building material, included in Class 19 for sale in India and for export. Petitioner has been using the said mark extensively, continuously and uninterruptedly since the year 2010.

3. It is the case of the petitioner that it came across the mark under application no. 5587879 for the mark ‘R3 DÉCOR’, which is visually, structurally and phonetically similar to the petitioner’s registered trade mark ‘DECOR PLY’, which was filed before the respondent’s New Delhi Office.

4. The Registrar of Trade Marks had accepted the trademark and published the application in Trade Mark Journal No. 2152 dated 15th April, 2024. As per the Trade Mark Rules, 2017, the last date for filing notice of opposition w