JUDGMENT

TEJAS KARIA, J

1. The present Appeal has been filed by the Appellant under Section 91 of the Trade Marks Act, 1999 (“Act”) assailing the order dated 14.03.2024 (“Impugned Order”) passed by Respondent No. 1, whereby the Appellant’s Opposition bearing No. 1221460 (“Appellant’s Opposition”) to the Trade Mark Application bearing No. 5854000 in Class 12 (“Subject Application”) for the registration of the Mark ‘JBR’ (“Impugned Mark”) in the name of Respondent No. 2, has been dismissed by Respondent No. 1.

FACTUALBACKGROUND:

2. Mr. Jagdish Joshi, the proprietor M/s Tushar Auto Spares and the predecessor-in-interest of theAppellant, assigned the Mark ‘ ’ (“Appellant’s Mark”) in favour of the Appellant by way of the Deed of Assignment dated 03.05.2023 (“Assignment Deed”). The Appellant’s Mark was registered under the Trade Mark Application bearing No. 2010008 in Class 12 (“Appellant’sApplication”), for goods - motor parts.

3. It is the Appellant’s claim that the Appellant is the prior user of the Appellant’s Mark and has been extensively using the same since 04.06.2000 through its predecessor. Further, due to long, continuous and extensive use of the appellant’s Mark in addition to th