The Board has taken the view that the period of five years and one month will begin to run from the date on which Thukral became the proprietor of the trademark,that is,30th May,1986 and,therefore,the rectification application could have been filed by the appellant only sometime in 1991.Opining that an application for rectification against the appellant within a period of seven and a half months from the date of assignment of the trade mark was not maintainable,the application was dismissed