The appellate court restored a trademark composite application appeal (CMP 3/2023) dismissed as withdrawn due to an error by the memoralist assuming the wrong trade mark class. The appeal is listed for hearing on 16.10.2023.
Restoration of the appeal (T)CMA 135/2023 and listing for hearing on 16.10.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(TM)/3/2023 (T)CMA(TM)/135/2023 (OA/11/2019/TM/CHN) SENTHILKUMAR RAMAMOORTHY,J
On the basis of a memo dated 06.07.2023 for the withdrawal of the appeal, the appeal was dismissed as withdrawn on 12.07.2023. By this petition the appellant seeks restoration of the appeal on the ground that the memo of withdrawal was filed on the erroneous assumption that the appeal related to the mark "United Foods Company" in class 30, which is the subject matter of OA/68/2008/TM/CHN.
22.09.2023
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SENTHILKUMAR RAMAMOORTHY,J
rna
CMP(TM)/3/2023 (T)CMA(TM)/135/2023 (OA/11/2019/TM/CHN)
22.09.2023
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2 issues framed by the court
Whether the appeal dismissed as withdrawn should be restored on the ground of erroneous assumption regarding trade mark class.
Whether sufficient cause is shown for restoration of the dismissed appeal.
Appellant
Respondent
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
