Merck Kgaa v. Tablets ( India) Limited

(T)CMA(TM)/46/2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMA(TM)/46/2023 (OA/48/2014/TM/CH) Merck KGa-A Frankfurter Str. 250, Darmstadt, 64293, Germany.

... Appellant -vs1.Tablets (India) Limited No.179, T.H.Road, Chennai 600 081.

2.The Registrar of Trademarks (Chennai) Intellectual Property Building, GST Road, Guindy, Chennai 600 032, India.

... Respondents PRAYER: Transfer Civil Miscellaneous Appeal (Trademarks) filed under Section 91(1) of the Trademarks Act, 1999, pleased to set aside the order dated January 24, 2014 passed by the Respondent No.2 and direct that Application No.887909 in class 5 in the name of the Respondent No.1 be refused registration and direct the Respondent No.2, not to issue the Registration Certificate to the Respondent No.1 in respect to the impugned Application under Application No.887909 in Class 5 during the pendency of the appeal and Records of Opp.No.MAS-123796 be summoned. 1/2 https://www.mhc.tn.gov.in/judis

(T)CMA(TM)/46/2023 SENTHILKUMAR RAMAMOORTHY,J rna For Appellant : Ms.Anatra Balaji for M/s.Lall and Sethi For Respondent 2 : Mr.Rajesh Vivekanandan, Deputy Solicitor General of India **********

ORDER

Learned counsel for the appellant submits that the appellant intends to withdraw the appeal. An endorsement has been made for the said purpose.

2. By taking note of the same, (T)CMA(TM)/46/2023 is dismissed as withdrawn without any order as to costs.

05.07.2023 rna Index : Yes / No Internet : Yes / No (T)CMA(TM)/46/2023 (OA/48/2014/TM/CH) 2/2 https://www.mhc.tn.gov.in/judis