TEJAS KARIA, J. (ORAL)

1. The present Appeal has been preferred by the Appellant under Section 91 of the Trade Marks Act, 1999 (“Act”) and Rule 125 of the Trade Marks Rules, 2017 assailing the order dated 25.01.2024 (“Impugned Order”) passed by Respondent No. 1 in Opposition No. 1109787 filed against Trade Mark Application No. 4754800 filed by Respondent No.3 for the registration of the Mark “ ” (“Subject Mark”) on 24.11.2020 with user claim from 01.04.2014 in Class 25.

2. The Appellant claims that the Trade Mark “STREET ONE/ ” (“Appellant’s Mark”) was adopted by the Appellant in the year 1983 and the Appellant’s Mark forms an essential part of the corporate name of the Appellant.

3. Respondent No. 3 is the Applicant for the registration of the Subject Mark and its Trade Mark Application No. 4754800 was accepted and advertised by the Trade Marks Registry, and was published in Journal No. 1986 dated 08.02.2021, inviting third-party oppositions against the same in accordance with law.

4. On 07.06.2021, the Appellant filed an Opposition bearing No. 1109787 (“Appellant’s Opposition”) against the registration of the Subject Mark on the grounds of lack of distinctiveness of the Subject Mark