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1991 Supreme(Mad) 657

SRINIVASAN
Associated Electronics and Electrical Industries (Bangalore) Private Limited – Appellant
Versus
Sharp Kabushik Kaisha – Respondent


Appearing Advocates:Jacob Kurian, S. Govind Swaminathan, Advocates.

Judgment :-

S. Srinivasan, J.

On 2.9.1991, when C.M.P. No. 7693 of 1991. petition for grant of interim suspension of the order of stay granted by the Deputy Registrar came up for orders, at the request of both counsel, I directed the matter to be posted for hearing the appeal today. Unfortunately. it was not included in the list. Counsel on both sides made a representation in the morning that they were ready to go on with the appeal and wanted the appeal to be heard. Hence, I sent for the papers and heard the appeal.

2. This appeal is against an order of the Registrar of Trade Marks, staying the proceedings in opposition No. MAS 1913 to Application No. 383795 till after the disposal of Opposition to Application No. 358541 pending at Calcutta. The short facts are as follows :

The appellant has been using the trade mark "SHARP", according to it, for more than thirty years on its goods. It is not necessary for me to set out the sales figures or the amount spent for advertisements, as the scope of this appeal is very limited. The appellant has obtained registration of the mark on four occasions in 1961, 1977, 1977 and 1980, with reference to different goods in the same class. It is stated




















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