JUDGMENT

(Prayer: Civil Miscellaneous Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act, 1999, praying to allow the Appeal against the order of the respondent dated 24.03.2021 and set aside the same and direct the respondent to accept the renewal request filed by the appellant in respect of Trade Mark Application No.728906 dated 02.09.1996 in Class 03.)

1. This appeal is directed against an order dated 24.03.2021 by which the request for renewal of Trade Mark No.728906 in Class 3 of the Register of Trade Marks was refused by citing the delay in the submission thereof.

2. The appellant applied for registration of the Trade Mark 'BLACK GOLD' in Class 3 on 02.09.1996, claiming user since 06.07.1993. The application was opposed by Mr.Ved Prakash Malhotra trading as M/s.S.P.Products (India) and such opposition was registered as Opposition No.720480. Upon hearing the applicant and the opponent, by order dated 31.01.2013, the opposition was rejected. Thereafter, the registration certificate was issued on 31.05.2017. Since such registration dated back to 02.09.1996 (date of application), the appellant filed renewal application in Form TM-R on 18.04.2018. A sum of Rs.18,000/-