Bhaskar Bhattacharya, CJ.—This application under Article 226 and 227 of the Constitution of India is directed against order dated 16th July 2012 passed by Intellectual Property Appellate Board [IPAB], Circuit Bench sitting at Ahmedabad, in ORA/200/2007/TM/AMD thereby allowing the Rectification Application filed by the Respondent No. 1 and removing from the register the trademark of the petitioner bearing No. 942022 in Class-12 for trademark “Super Delux Bearing”.

2. The case made out by the petitioner in this writ-application may be summed up thus:

2.1 The petitioner is engaged in the business of manufacturing, marketing and selling bearings in respect of water pumps, etc. falling in Class-XII of the trademark classification since 25th September 1995 under the trademark “Super Delux Bearings”. As the mark acquired distinctive character as a result of the continuous use made of it, the petitioner applied for registration of the trademark in question on 24th July 2000 with the Trade Mark Registry, which, after due verification and after following the due process of law, has registered the trademark of the petitioner for the goods falling in Class XII. Since then, the trademark