M.VENUGOPAL, P.D.AUDIKESAVALU
N. Ranga Rao – Appellant
Versus
Amrutha Aromatics, Represented by its Partners – Respondent
M. VENUGOPAL, J.
1. The Petitioner has filed the present Writ Petition seeking for issuance of direction in calling for the records pertaining to the impugned common order (No.113 and 114 of 2013) dated 03.06.2013 in OA/33-35/2009/TM/CH and in OA/70-82/2008/TM/CH passed by the 5th Respondent and to quash the same. Further, the Petitioner has sought for passing of an order by this Court in directing the 6th Respondent/Registrar of Trade Marks, Chennai to proceed with the registration of the impugned Application No.540605 and other 29 applications [mentioned in the Writ Petition] in class 03 for the trademarks “THREE IN ONE”.
2. Resume of Germane Writ Facts:
(i) The Petitioner is engaged in the business of manufacturing, marketing incense sticks (Agarbathi) and dhoop sticks for more than 20 years. In the course of business, it had honestly conceived and adopted the trademark ‘Cycle Brand’ for their products mentioned ever since their inception in the early 1950’s. Also, the Petitioner have garnered immense reputation built brick by brick by their Forefathers.
(ii) The Petitioner’s products are available all over India and abroad and as such, it had attained international reputatio
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