The Rajapalayam Industrial v. P.Iya Nadar Charitable Trust

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN WRIT PETITION NO.11257 OF 2005 The Rajapalayam Industrial and Commercial Syndicate Limited, "Bhavadharani", No.83, Kamaraj Road, Sivakasi - 626123.

... Petitioner vs.

1. P.Iya Nadar Charitable Trust, No.4, Shanmugam Road, Sivakasi - 626 123.

2.

The Deputy Registrar of Trade Marks, Trade Marks Registry, Chennai.

3.

Intellectual Property Appellate Board, rep. by its Registrar, No.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, to call for the records of the third Respondent Appellate Board dated 03.12.2004 in TRA No.43/2003/TM/CH (O.P.No.405 of 2003) and quash the same and consequently direct the 2nd Respondent to expunge the registered Mark "CAMEL" for safety matches in Class 34 registered under No.109120 dated 439372, presently standing in the name of the first Respondent Trust.

For Petitioner :

Mr.V.P.Raman For 1st Respondent :

Mr.R.Parthasarathy For 2nd Respondent :

Mr.Akhil Akbar Ali, Government Advocate For 3rd Respondent :

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, learned counsel for the Petitioner submitted that there is no instructions from the Petitioner.

2.

As the Writ Petition is of the year 2005, and that, 14 years have lapsed, we are not inclined to keep the matter pending. Hence, this Writ Petition is dismissed for default. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar (aeb) To:

1.

The Deputy Registrar of Trade Marks, Trade Marks Registry, Chennai.

2.

The Registrar, Intellectual Property Appellate Board, No.443, Anna Salai, Teynampet, Chennai 600 018.

W.P.No.11257 of 2005 EV(CO) CS/10/12/2019 https://hcservices.ecourts.gov.in/hcservices/