Dhanvantari Nano Ayushadi Private Limited Rep By Its Chairman Mr. Shankarlal Abhaya Kumar v. The Registrar Of Trademarks
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (OA/21/2020/TM/CH) Dhanvantari Nano Ayushadi Private Limited, (Registered under the Indian Companies Act, 1956), Rep. by its Chairman Mr.Shankarlal Abhaya Kumar, No.8/34, Neelakanta Mehta Street, T.Nagar, Chennai - 600 017..
...Appellant Vs.
1.The Registrar of Trade Marks, The Trade Marks Registry, IP Office Building, GST Road, Guindy, Chennai - 600 032.
2.The Senior Examiner of Trade Marks, The Trade Marks Registry, IP Office Building, GST Road, Guindy, Chennai - 600 032.
...Respondents
Prayer: Transfer Civil Miscellaneous Appeal (Patents) filed under Section 91 of the Trade Marks Act, 1999, praying to set aside the impugned order of the respondent passed for the mark "NANO CUR" in Trade Mark Application
No.3969353 in Class 05 in order dated 10.09.2019 and direct the Registry to register the mark.
For Appellant :
No Appearance For Respondents :
Mr.P.G.Santhosh Kumar Senior Panel Counsel
JUDGMENT
At the hearing on 11.07.2023, M/s.Altacit Global, learned counsel, submitted that they have no instructions in the matter. Therefore, notice was issued directly to the appellant. The bailiff's report dated 04.08.2023 records that the appellant had vacated the office address specified in the cause title of the appeal and, therefore, notice could not be served. Without the current address of the appellant, it is not possible to notify the appellant of this matter and proceed further.
2.In these circumstances, (T)CMA(TM) No.93 of 2023 is dismissed for non-prosecution without any order as to costs. 28.08.2023 Index:No Speaking order hvk
To 1.The Registrar of Trade Marks, The Trade Marks Registry, IP Office Building, GST Road, Guindy, Chennai - 600 032.
2.The Senior Examiner of Trade Marks, The Trade Marks Registry, IP Office Building, GST Road, Guindy, Chennai - 600 032.
SENTHILKUMAR RAMAMOORTHY,J.
hvk T)CMA(TM).No.93 of 2023 (OA/21/2020/TM/CH) 28.08.2023