Appeal in trademark registration was dismissed due to non-prosecution. The court could not serve the appellant as the provided address was invalid, and the appellant failed to communicate a new service address.
Appeal dismissed for non-prosecution without order as to costs.
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(T)CMA(TM)/119/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.11.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)CMA(TM)/119/2023 (OA/66/2011/TM/CHN)
M/s.Jaimalla Cables No.59, Mallikarjune Temple Street, 2nd cross, B.V.K.Yungar Road Cross Chickpet, Bangalore-560 053. ... Appellant
-vs-
1.The Deputy Registrar of Trade Marks Intellectual Property Building, G.S.T.Road, Guindy, Chennai.
2.Polycab Wires Pvt. Ltd Hico House, 1st floor No.771, Pandit Satwalekar Marg, Mahim, Mumbai-400 016. ... Respondents
PRAYER : Transfer Civil Miscellaneous Appeal (Trademarks) filed under Section 91 of the Trademarks Act, 1999, praying this Court that 1/4
(T)CMA(TM)/119/2023
the application for registration filed by the appellant be allowed and opposition filed by the respondent be dismissed.
For Appellant : No appearance For R1 : Mr.S.Diwakar, SPC For R2 : No appearance
JUDGMENT
The bailiff's report on 07.10.2023 records that notice could not
be served on the appellant because the appellant had left the specified address. Therefore, learned counsel for the Registrar of Trade Marks was directed to ascertain and report whether the appellant had communicated a change of address to the Trade Marks Registry. Learned counsel has placed on record the document relating to the application for registration of the trade mark. The document shows that the address provided therein matches with the address in the cause title of the appeal. In the absence of the current address for service on the appellant, this appeal cannot be proceeded
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(T)CMA(TM)/119/2023
with. Therefore, (T)CMA(TM)/119/2023 is dismissed for non-prosecution without any order as to costs.
27.11.2023
Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kj
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(T)CMA(TM)/119/2023
SENTHILKUMAR RAMAMOORTHY,J.
Kj
(T)CMA(TM)/119/2023 (OA/66/2011/TM/CHN)
27.11.2023
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M/s. Jaimalla Cables
The Deputy Registrar of Trade Marks
Polycab Wires Pvt. Ltd
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
