JUDGMENT

(Prayer: Transfer Civil Miscellaneous Appeal (Trademarks) filed under Sections 91, 92 of the Trademarks Act, 1999, praying to set aside the impugned order dated 28th January 2011 passed by the learned Registrar of Trademarks and to allow the opposition or any such further orders.)

An order dated 28.01.2011 allowing the review application of the second respondent is impugned herein. The second respondent herein applied for the registration of a trademark in the year 1986 under Application No.459260. It is not in dispute that the appellant filed a notice of opposition on 11.03.1996; the second respondent filed a counter statement in response thereto on 01.08.1997; the appellant filed evidence in support of the opposition on 04.02.1999; and the second respondent filed evidence in support of the application on 07.03.2000. In effect, the pleadings and evidence were complete. In the context of the matter having been adjourned on about six occasions previously for different reasons, by order dated 08.07.2004, the application for registration of the trademark by the second respondent herein was treated as abandoned for default in prosecution. Upon the second respondent filing a revi