T.T. Industries Proprietor Dr. Rikhab Chand Jain v. Tanzanite Foundation Limited Rep By Mohan Associates,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2024

CORAM

MR.JUSTICE N.SESHASAYEE T.T.INDUSTRIES Proprietor Dr.Rikhab Chand Jain 879, Master Prithvi Nath Marg Karol Bagh New Delhi 110 005 and also at 10, Pollock Street Kolkata 700 001 ... Appellant Vs.

1.Tanzanite Foundation Limited Rep. by Mohan Associates Ceebros Building, D-4, III Floor No.11, Cenetoph Road Teynampet, Chennai 600 018 Tamil Nadu 2.The Deputy Registrar of Trade Marks The Office of the Trade Marks Registry Intellectual Property Building G.S.T Road, Guindy Chennai 600 032 1/4

3.The Registrar of Trade Marks Trade Marks Registry at Mumbai S.M.Road, Near Antop Hill Head Post Office Mumbai 400 037 ... Respondents PRAYER: Transfer Civil Miscellaneous Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act, 1999, (a) an order be made admitting the instant appeal against the orders dated 27.07.2012 and the supplementary order dated 07.11.2012 passed by the respondent No.2 in respect of registered Trade Mark No.1381029 in Classes 14 and 35, in the name of the respondent No.1, sought to be rectified under rectification No.MAS-259352 and 259573 filed by the appellant; (b) the orders dated 27.07.2012 and the supplementary order dated 07.11.2012 passed by the respondent No.2 in respect of Registered Trade Mark No.1381029 in classes 14 and 35, in the name of the respondent No.

1, sought to be rectified under rectification Nos.MAS-259352 and MAS259573 filed by the appellant in the same be set aside; (c) an order be made directing the respondent Nos.2 and 3 to transmit and certify to this Board the entire records of the proceedings in respect of the registered Trade Mark No.1381029 in classes 14 and 35 in the name of the respondent No.1 and the all relevant documents relating to the rectification proceeding being rectification Nos.

by the present appellant.

(d) the instant appeal arising out of the common order dated 27.07.2012 passed by the respondent No.2 in rectification No.MAS-259352 and MAS259573 to set aside and / or permanently stayed; (e) an order directing the respondent Nos.2 and 3 for rectification and / or removal of the entries made in respect of the registrations subsisting in the name of the respondent No.1 under Trade Mark No.1381029 in classes 14 and 35;

(f) an order directing the respondent Nos.2 and 3 not to give any effect of the order dated 27.07.2012 and 07.11.2012 in respect of registered Trade Mark No.1381029 in classes 14 and 35;

(g) an order upon the respondent No.1 directing them not to take any advantage and / or benefit from the impugned order dated 27.07.2012 and 07.11.2012 passed by the Deputy Registrar of Trade Marks, Chennai, till the disposal of the Appeal;

(h)Ad-interim order / orders in terms of the prayers above and for costs. For Appellant : Mr.Ashok Kumar Daga Assisted by Mr.Vijayakrishnan RP N.SESHASAYEE, J.

kas 3/4

For Respondents : No Appearance - R1 Mr.M.Karthikeyan CGSC - R2 & R3

JUDGMENT

The learned counsel for the appellant makes a statement on instructions that he is withdrawing the appeal. Endorsement to that effect has been made in the bundle.

2.In view of the above, this appeal stands dismissed accordingly as withdrawn. There is no order as to costs.

14.03.2024 kas Index : Yes / No 4/4