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1. This hearing has been done through hybrid mode.

2. The present appeal was filed before the IPAB and has been received by this Court, pursuant to the Tribunals Reforms Act, 2021.

3. The appeal under section 91 of the Trade Marks Act, 1999 (hereinafter 'Act') challenges the impugned order dated 11th August, 2020 by which the review petition filed by the Appellant has been dismissed. The said petition was filed by the Appellant seeking review of the order dated 06th July, 2018 vide which the trade mark application of the Appellant bearing no. 2387450 for the registration of the mark "EFKAY'S FIVE STAR MYSORE BRANDY" in class 33 was rejected.

5. A review petition was preferred by the Appellant against the said order. The same was dismissed vide the impugned order dated 11th August, 2020 in the following terms:

"An application for registration of trade mark consisting of word "EFKAY'S FIVE STAR MYSORE BRANDY" was filed by the aforesaid Applicant under application No 2387450 in respect of applied goods included in Class - 33. The application was examined and examination report containing the objections to the acceptance of application for registration of trade mark was communicated to the Applicant. On the request of the Applicant, a hearing was fixed in this matter. Eventually on 03 May 2018, the application came up before me for hearing and the order was passed accordingly.

• Section 11 objection;

• Evidence not filed;

• The mark is laudatory and hence refused under Section 9 of the Act.

7. Ld. counsel for the Appellant submits that the Appellant had also applied for registration of "EFKAY'S FIVE STAR MYSORE BRANDY" as a label mark. The said mark has already been granted vide registration no. 2387451 under class 33. The registered label is as under:

8. Ld. Counsel further submits that insofar as the mark "EFKAY'S" is concerned, the rights in respect of the same vest in the Appellant in view of the assignment deed dated 29th March, 2012. The relevant extract of the assignment deed is as under:

"The Assignor is the exclusive owner and proprietor in India, under the Trade Marks Act, 1999, of the following trademarks (hereinafter referred to as TRADEMARKS), brief particulars of which are given below:

            Trade Mark           Number Class Valid
                                              upto
            Efkays 3 Star        470844  33 15/4/2018
            Queen Brandy
            Royal Lancer         470843      33    15/4/2017
            Whisky
            Three Feathers Gin 470846        33    15/4/2018
            Efkays Whisky        472220      33    14/5/2018
            Bamboo Club Gin      470841      33    14/4/2018
            Efkays 5 Star        279509      33    Lapsed
            Mysore Brandy
            Efkays*              223919      33    21/8/2016
            Efkays XXX Rum       470845      33    Lapsed