JUDGMENT

(Prayer: Transfer Civil Miscellaneous Appeal (Trademark) filed under Section 91 of the Trade Marks Act 1999 praying to (a) set aside/quash the order dated 27th January 2011 of the 2nd respondent, restore order dated 3rd February 2010 allowing appellant''s opposition MAS -58565 and dismissing 1st respondent application No. 699376 in class 5; (b) allow appellant''s opposition MAS-58565 and disallow 1st respondent''s application no.699376 in class 5 to proceed for registration.)

1. An order dated 27.01.2011 allowing a review application is impugned in this appeal. The first respondent herein had applied for registration of the mark ''ZINCODERM''. The appellant filed notice of opposition on 08.03.2001. After considering the pleadings and the evidence placed on record by the parties, by order dated 03.02.2010, the opposition was accepted and the Trademarks Registry refused to register the first respondent''s mark ''ZINCODERM''. Upon a review application being filed, the order dated 27.01.2011 was issued allowing such review.

2. Oral arguments on behalf of the appellant were advanced by Mr.Arun C. Mohan, learned counsel; and on behalf of the first respondent by Mr.R. Sathish Kumar,