R. SUBBIAH, J.

This writ petition has been filed by the petitioner praying to quash the order dated 04.01.2013 passed by the 2nd respondent viz., Intellectual Property Appellate Board allowing the appeal filed by the 1st respondent herein in OA/19/2009/TM/CH, and thereby quashing the order passed by the 3rd respondent viz., the Deputy Registrar of Trademarks in MAS 25781 dated 26.06.2009.

2. The brief facts of the case of the petitioner, which are necessary for deciding the issue involved in this writ petition, are as follows:-

2-1. The petitioner-company is engaged in the business of manufacturing and marketing incense (agarbathi) sticks and dhoop sticks for more than half a century. The petitioner company is the pioneer in the said business and have reached the pinnacle in their industry built brick by brick by their forefathers. The petitioner's products are available all over India and abroad and as such, the petitioners have attained international reputation.

2-2. During the course of their said business, the petitioner- company has honestly conceived and adopted t