Adhya Kumar v. Mulligan Concept Teachers Association,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (OA/14/2018/TM/CH) Adhya Kumar ...Appellant Vs.

1.Mulligan Concept Teachers Association, 7051, Navajo Trail Solon, OHIO-44139, United States of America.

2.Registrar of Trade Marks, Trade Marks Registry, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.

...Respondents

Prayer: Transfer Civil Miscellaneous Appeal (Patents) filed under Section 91 of the Trade Marks Act, 1999, praying to summon the record pertaining to the Opposition No.885504 to application No.3010257 for effective adjudication of the present appeal proceedings, set aside the impugned order dated 09.10.2018 passed in Opposition No.885504 to application No.3010257 in Classes 16 and 41 and restore the opposition proceedings, direct the withdrawal of the

registration certificate issued under No.3010257 in Classes 16 and 41 and direct the second respondent to adjudicate the opposition No.885504 to application No.3010257 in classes 16 and 41 on merits. For Appellant :

No Appearance For R1 :

Ms.A.Rehoboth Niranjani for M/s.Amit Panigrahi For R2 :

Mr.K.Subbu Ranga Bharathi Central Government Standing Counsel

JUDGMENT

Learned counsel for the first respondent has placed on record the order dated 19.08.2019 of the Intellectual Property Appellate Board allowing OA/14/2018/TM/CHN, which corresponds to re-numbered (T)CMA(TM)/73/2023. Consequently, (T)CMA(TM) No.73 of 2023 is closed without any order as to costs.

18.08.2023 Index:No Speaking order hvk

To Registrar of Trade Marks, Trade Marks Registry, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.

SENTHILKUMAR RAMAMOORTHY,J.

hvk T)CMA(TM).No.73 of 2023 (OA/14/2018/TM/CH) 18.08.2023