Royal Classic Mills Pvt. Ltd v. The Polo/Lauren Company Lp.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2019

CORAM:

The Honourable Mr. Justice M.M.SUNDRESH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Writ Petition No.13173 of 2008 Royal Classic Mills Pvt. Ltd., No.31, Puliyamara Thottam, Mangalam Road, Tirupur - 641 604.

... Petitioner vs.

1. The Polo/Lauren Company, L.P., 650, Madison Avenue, New York 10022, U.S.A.

2.

The Assistant Registrar of Trade Marks, Trade Marks Registry, IPR Building, G.S.T. Road, Guindy, Chennai 600 032.

3.

Intellectual Property Appellate Board, Guna Complex Annex - I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai 600 018.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, seeking to call for the records of the impugned order dated 19.03.2008 passed in O.A.No.44/2006/TM/CH on the file of the Intellectual Property Appellate Board, Chennai, quash the same and direct the 2nd Respondent to allow the Trade Mark Application No.889702 for mark C & C CLASSIC POLO (label) in class 25 filed by the Petitioner to proceed for registration. For Petitioner : M/s.Surana & Surana For 1st Respondent : Mr.G.K.Muthukumar For Respondents 2 & 3 : No appearance https://hcservices.ecourts.gov.in/hcservices/

O R D E R

[Order of the court was made by M.M.SUNDRESH,J.] When the matter is taken up for hearing today, learned counsel appearing for the 1st Respondent submitted that the Trade Mark Application filed by the Petitioner was withdrawn and hence, the relief sought for in this Writ petition has become infructuous.

2. Recording the said submission, as nothing further survives for consideration in this matter, this Writ Petition is dismissed as having become infructuous. No costs. Consequently, connected M.P.No.1 of 2008 is closed.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar (aeb) To:

1.

The Assistant Registrar of Trade Marks, Trade Marks Registry, IPR Building, G.S.T. Road, Guindy, Chennai 600 032.

2.

Intellectual Property Appellate Board, Guna Complex Annex - I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai 600 018.

+1cc to Mr.K.Premchandar, Advocate, S.R.No. 88480 W.P.No.13173 of 2008 CP(CO) GN(21/11/2019) https://hcservices.ecourts.gov.in/hcservices/