JUDGMENT :

R. Subbiah, J.

(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the impugned order of the Intellectual Property Appellate Board dated 03.09.2004 passed in TA/32/2003/TM/CH/3354 confirming the order of the Joint Registrar of Trade Mark, dated 05.02.2001, relating to the application of the petitioner No.479367 B dated 05.10.1987 advertised in the Trade Mark Journal No.1148, dated 01.04.1997, and to quash the order dated 03.09.2004.)

1. This writ petition has been filed praying to quash the impugned order dated 03.09.2004 passed by the Intellectual Property Appellate Board in TA/32/2003/TM/CH/3354, confirming the order dated 05.02.2001 passed by the Joint Registrar of Trade Mark (1st respondent herein) relating to the application of the petitioner No.479367 B dated 05.10.1987 advertised in the Trade Mark Journal No.1148, dated 01.04.1997.

2. The brief facts of the case of the petitioner are as follows : -

2-1. One S.V. Sivalinga Nadar being eldest brother of his family consisting of himself, his five brothers and a sister namely, S.V.Harikrishnan, S.V.Chandrapandian, S.V.Kasilingam, S.