Interdesign, Inc An Ohio Corporation v. The Registrar Of Trade Marks

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMA(TM)/141/2023 (OA/18/2019/TM/CHN) InterDesign, Inc, An Ohio Corporation, 30725 Solon Industrial Parkway, Solon, Ohio, USA.

... Appellant -vsThe Registrar of Trade Marks Trade Marks Registry, Chennai.

... Respondent PRAYER: Transfer Civil Miscellaneous Appeal (Trade Marks) filed under Section 91(1) of the Trade Marks Act, 1999, praying that the order dated 21 May 2018 issued by the Respondent refusing the mark SWISS-TECH vide Application No.1924552 in class 8 be set aside, the amendment request be taken on record and the mark SWISS+TECH be allowed to proceed to registration.

1/4

For Appellant : No Appearance For Respondent : Mr.S.Diwakar, SPC **********

JUDGMENT

After originally entering appearance on behalf of the appellant, M/s.De Penning and De Penning, submitted that they have no instructions to prosecute the appeal on behalf of the appellant. In those circumstances, learned counsel for the Registrar of Trade Marks was directed to ascertain and report as to whether a change of agent or change of address was communicated by the appellant to the Trade Marks Registry. At today's hearing, he reports that no change of address or agent was communicated. In these circumstances, this appeal cannot be proceeded with.

2. Therefore, (T)CMA(TM)/141/2023 is dismissed for non2/4

prosecution without any order as to costs.

22.12.2023 rna Index : Yes / No Internet : Yes / No 3/4

SENTHILKUMAR RAMAMOORTHY,J rna (T)CMA(TM)/141/2023 (OA/18/2019/TM/CHN) 22.12.2023 4/4