Appeal filed under Section 91(1) of the Trade Marks Act, 1999 was dismissed due to non-prosecution as appellant had no instructions to proceed and no change of agent/address was reported.
Appeal (T)CMA(TM)/141/2023 dismissed for non-prosecution without costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)CMA(TM)/141/2023 (OA/18/2019/TM/CHN)
InterDesign, Inc, An Ohio Corporation, 30725 Solon Industrial Parkway, Solon, Ohio, USA. ... Appellant
-vs-
The Registrar of Trade Marks Trade Marks Registry, Chennai. ... Respondent
PRAYER : Transfer Civil Miscellaneous Appeal (Trade Marks) filed under Section 91(1) of the Trade Marks Act, 1999, praying that the order dated 21 May 2018 issued by the Respondent refusing the mark SWISS-TECH vide Application No.1924552 in class 8 be set aside, the amendment request be taken on record and the mark SWISS+TECH be allowed to proceed to registration.
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For Appellant : No Appearance For Respondent : Mr.S.Diwakar, SPC
JUDGMENT
After originally entering appearance on behalf of the appellant, M/s.De Penning and De Penning, submitted that they have no instructions to prosecute the appeal on behalf of the appellant. In those circumstances, learned counsel for the Registrar of Trade Marks was directed to ascertain and report as to whether a change of agent or change of address was communicated by the appellant to the Trade Marks Registry. At today's hearing, he reports that no change of address or agent was communicated. In these circumstances, this appeal cannot be proceeded with.
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prosecution without any order as to costs.
22.12.2023
rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No
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SENTHILKUMAR RAMAMOORTHY,J
rna
(T)CMA(TM)/141/2023 (OA/18/2019/TM/CHN)
22.12.2023
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1 provisions across 1 enactments
InterDesign, Inc
The Registrar of Trade Marks
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
