T.S. SIVAGNANAM, J.

1. The challenge in this Writ Petition is to an order passed by the Intellectual Property Appellate Board, (IPAB) in proceedings O.A.No.53/2008/TM/CH dated 19.3.2010, confirming the order passed by the second respondent, refusing the application of the petitioner for registration of a trade mark, under Sections 9 & 11 of the Trade Mark Act, 1999, (hereinafter referred to as the 'Act').

2. The facts of the case lie in a narrow campus. The petitioner filed an Application on 03.08.2005, before the second respondent for registration of a Trade Mark for different classes of goods under section 18 of the Act, for the mark of 'ECOLEAN' under classes 1,7, 16, 17,20 & 42. It appears that the said application was examined by the second respondent and objections for registration was raised under sections 9 and 11 of the Act. The petitioner filed their reply to the objections, the second respondent afforded an opportunity of personal hearing on 5.7.2007 and the second respondent by an order dated 6.2.2008, refused registration of the application under sections 9 & 11 of the Act. Against the said order, the petitioner preferred an appeal before the IPAB under secti