JUDGMENT :

C. SARAVANAN, J.

Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the entire records of the 1st respondent pertaining to OA/5/2018/TM/CH dated 12.11.2018 and quash the same.

1. The petitioner is aggrieved by the impugned order dated 12.11.2018 passed by the 1st respondent Intellectual Property Appellate Board (IPAB) in OA/5/2018/TM/CH.

2. By the impugned order, the 1st respondent Intellectual Property Appellate Board (IPAB) has set aside the order dated 06.07.2018 passed by the 2nd respondent-Assistant Registrar of Trade Marks, Trade Marks Registry in Opposition No. 890521 treating the said Opposition proceeding filed by the 3rd respondent as “abandoned.”

3. The said Opposition proceeding was filed by the 3rd respondent against the proposed registration of the Trade Mark “Gold Mehal” in T.M. Application No. 2573910.

4. The petitioner had claimed a continuous user of the said word as a trademark since 08.12.2011 for products falling under in respect of C.P. Bath Fittings in class 11.

5. After initial scrutiny the aforesaid application, the Trademark was advertised in the trademark journal on 08.05.2017.