The appeal was dismissed for non-prosecution because the appellant failed to appear despite service on its agent, and the court lacked the appellant's current address.
The appeal is dismissed for non-prosecution without any order as to costs.
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(T)CMA(TM)/198/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.11.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMA(TM)/198/2023 (OA/SR.36/2018/TM/CHN)
Abiba Systems Private Limited, 2nd Floor, 419, 12th Cross, Sadashivanagar, Bangalore - 560 080.
... Appellant
-vs-
The Registrar of Trade Marks, Patent Office, IPR Building, G.S.T.Road, Guindy, Chennai - 600 032.
... Respondent
PRAYER : Transfer Civil Miscellaneous Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act, 1999, praying to direct the Deputy Registrar of Trade Marks to review the order of refusal dated 31st July 2015 and the grounds of decision dated 19th January 2018 and the order of refusal issued by the Registrar of Trade Marks against registration of the Subject Trademark and dated 31st July 2015 be annulled; and the trademark Application No.1943787 for the mark 'Champion' in Classes 9, 35, 42 filed in the name of Abiba Systems Private Limited be allowed to proceed for registration.
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(T)CMA(TM)/198/2023
SENTHILKUMAR RAMAMOORTHY,J
kal
For Appellant : No Appearance For Respondent : Mr.A.R.Sakthivel, SPC **********
JUDGMENT
The matter is listed today under the caption "for dismissal". The bailiff's report on 04.10.2023 records that notice could not be served on the appellant directly because the appellant had left the specified address. Service was effected on the appellant through its agent as per the bailiff's report on 22.09.2023. However, the appellant remains unrepresented. In the absence of the current address for service, this appeal cannot be proceeded with. Consequently, (T)CMA(TM)/198/2023 is dismissed for non-prosecution without any order as to costs.
23.11.2023
Index : Yes / No Internet : Yes / No Neutral Citation: Yes/No kal
(T)CMA(TM)/198/2023 (OA/SR.86/2018/TM/CHN)
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Abiba Systems Private Limited
The Registrar of Trade Marks
Senthil Kumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
