pankaj kumar

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INTELLECTUAL PROPERTY APPELLATE BOARD (i) The applicant has applied for the mark on 14.12.2007 for registering the mark “WHITE CRANE” in respect of sewing machine needles claiming user from 01.11.2006. The respondent is a subsequent applicant who applied for registration on 02.05.2008 for the same mark “WHITE CRANE” in respect of sewing machine and their spare parts and the registration was granted on 01.04.2010. The learned counsel submitted that the respondent claimed user from 01.04.2005. The learned counsel submitted that though the applicant’s application is earlier, their application has not been granted registration while the respondent’s application has secured registration. -. For the purpose of this application we are of the opinion that there is prima facie evidence of prior user by the respondent and therefore we do not think the petitioner is entitled to an order of stay. All the questions raised by the learned counsel for the applicant shall be tested at the time of final disposal. This is only a prima facieexpression with regard to user for the purpose of granting interim order.

INTELLECTUAL PROPERTYAPPELLATE BOARD Guna Complex, Annexe-l, 2nd floor, 443, Anna  Salai, Teynampet,  Chennai 600 018 (Circuit Bench sitting at Kolkata)   M.P.No.182/2010 IN ORA/162/2010/TM/KOL THURSDAY, THIS THE 1st DAY OF MARCH, 2012 HON’BLE Smt. JUSTICE PRABHA SRIDEVAN                        …     CHAIRMAN HON’BLE Shri V. RAVI                                                                 …    TECHNICAL MEMBER   M/s Paramount Agencies, 5801/2, Chawla Bazar, Sadar … Continue reading

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