IPAB-Judgement (TRADEMARK)


IPAB-Trade Mark Judgement 

GODFREY PHILIPS INDIA LIMITED

V/s 

GTC INDUSTRIES LIMITED

This is an appeal filed against Order dated October 03, 2008 passed by the Learned Deputy Registrar of Trade Marks in Opposition no. DEL-T- 635/52017 against Application no.454113 in class 34 for the mark 'ACTION'. The Deputy Registrar of Trade Marks has passed the order thereby allowing the Opposition No. DEL-T-635/52017 filed by Respondent No. 1, and rejected Appellant's application no. 454113 in class 34 for registration of the trademark 'ACTION'.  


Tribunal View

Keeping in view of the factors as enumerated herein above, we are of the opinion that the Deputy Registrar did not consider properly as per law and facts, His order dated Sctober 3, 2008 in the opposition No.: DEL-T-635/52017, communicated is erroneous, hence it set aside by allowing the appeal of the Appellant. 27. 

Accordingly, the office of the Registrar of Trade Marks, is hereby directed to proceed further for registration of trade mark ACTION under application no.: 454113 in class 34 of the appellant in accordance to law." 

Please Find link of Judgement announced by the IPAB in respect to :-

https://drive.google.com/file/d/1ZH7dtQtkm6vajBdtfS5h3kTGTbWJXdam/view?usp=sharing