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2014 Supreme(Guj) 996

K.S.JHAVERI, A.G.URAIZEE
Pathiath Babu Rajendran Since Deceased – Appellant
Versus
Asst. Registrar of Trade Marks – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mehul Suresh Shah, Y.J. Jasani.
For the Respondents: G.N. Shah, G.V.S. Jagannadha Rao, Ms. Minoo A. Shah, M.S. Sejal V. Sutaria.

JUDGMENT :

K.S. JHAVERI, J.

1. These appeals arise out of the common judgment and order passed in a group of petitions being Special Civil Applications No. 10329/2007, 1923/2008, 1927/2008 and 1922/2008 decided 01.07.2009 whereby, the said group of petitions was dismissed.

2. The aforesaid group of petitions were filed for quashing and setting aside the orders dated 20.01.2005 and 23.02.2007 passed by the Intellectual Property Appellate Board (for short "the IPAB") in rectification applications filed by respondent no. 3 herein under Section 107 of the Trade and Merchandise Act, 1958. Upon new enactment, the Trade and Merchandise Act, 1958 came to be repealed and the Trade Marks Act, 1999 came into force and the proceedings of rectification applications no. 1 to 4 of 1999 were transferred to the IPAB. By order dated 20.01.2005, the IPAB directed the Registrar of Trade Marks to remove the entry of all the four registered trade marks of the appellant, original petitioner. The review applications, along with the applications for transfer and misc. applications for stay of the order dated 20.01.2005, were rejected vide order dated 23.02.2007. Both these orders were challenged before the le

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