LawforAll

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Thursday, May 31, 2012

any person may file a notice of opposition within three months from the date of advertisement or within such further period not exceeding one month in the aggregate as the Registrar may allow on an application for extension. Section 21(1) of the Trade Marks Act, 1999: “21. Opposition to registration. – (1) Any person may, within three months from the date of the advertisement or re-advertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the Registrar, on application made to him in the prescribed manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to the Registrar, of opposition to the registration.” Rule 47(6) of the Trade Marks Rules, 2002: “47. Notice of opposition: (1) to (5) xxxxx (6) An application for an extension of the period within which a notice of opposition to the registration of a trade mark may be given under sub-section (1) of section 21, shall be made in Form TM-44 accompanied by the fee prescribed in First Schedule before the expiry of the period of three months under sub-section (1) of section 21.”

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INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex, Annexe-I, 2 nd  Floor, Anna Salai, Teynampet, Chennai 600 018 (Circuit Sitt...
Wednesday, May 30, 2012

Work damage due to trouble of Heavy Earthmoving Machine (Hydraulic Excavator) used for mining activity in granite mines. Under the warranty attached to the sale of the machines, the opposite party had undertaken to supply spare parts worth upto Rupees one lac for each machine. From the material brought on record, we have reasons to believe that complainants must have incurred expenditure on purchase of spare parts from the open market, besides the spare parts supplied by the opposite party worth not less than Rupees. one lac for each machine. We therefore consider it appropriate to grant a sum of rupees one lac towards the cost of spare parts purchased by the complainant from the open market in respect of each of the four machines. 50. In view of our above discussions we hold that the complaints filed by the complainants deserve to be allowed partly in the following manner: (i) In Consumer Complaint No. 50 of 2000 relating to equipment serial number G 10258 and G 10261, the complainant is entitled to a compensation of Rs. 7.00 lacs (i.e. Rs. 2.00 lacs towards the loss of business in respect of equipment number G 10258 and Rs. 3.00 lacs in respect of equipment No. G 10261) and a sum of Rs. 1.00 lac towards the cost of spare parts in respect of each of the two machines; (ii) In Consumer Complaint No. 51 of 2000 relating to equipment serial number G 10260, the complainant is entitled to a compensation of Rs. 3.00lacs i.e. Rs. 2.00 lacs towards the loss of business and Rs. 1.00 lac towards the cost of spare parts; (iii) In Consumer Complaint No. 61 of 2000 relating to equipment serial number G 10257, the complainant is entitled to a compensation of Rs. 3.00 lacsi.e. Rs. 2.00 lacs towards the loss of business and Rs. 1.00 lac towards the cost of spare parts. 51. Since the said amount of claim of the complainant was not settled/paid by the opposite party within a reasonable time even after legal notice, we propose to further compensate the complainants by awarding interest @ 9% per annum on the above amounts with effect from the date of filing of the complaint till payment. 52 In the result, we partly allow the three complaints and direct the opposite party as under: (i) To pay a sum of Rs. 7.00 lacs to the complainant along with interest @ 9% per annum with effect from the date of the complaint till payment in Consumer Complaint No. 50 of 2000; (ii) To pay a sum of Rs. 3.00 lacs to the complainant along with interest @ 9% per annum per annum with effect from the date of the complaint till payment in Consumer Complaint No. 51 of 2000; (iii) To pay a sum of Rs. 3.00 lacs to the complainant along with interest @ 9% per annum per annum with effect from the date of the complaint till payment in Consumer Complaint No. 61 of 2000; 53. The opposite party is called upon to make the payment of the awarded amount to the complainants within a period of six weeks from the date of this order, failing which the rate of interest shall stand enhanced to 12% per annum with effect from the date of default. 54. In the facts and circumstances of the case, parties are left to bear their own cost.

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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI ORIGINAL PETITION NO.  50 OF 2000   K. Yusuf  Basha 4/59,  Bharathi...