Doctors Cabin Health Technologies Private Limited v. Dr. Reddy Laboratories Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (OA/8/2019/TM/CHN) Doctors Cabin Health Technologies Private Limited Through its Director/Authorised Representative Irish Isle Luxury Villa, Villa#38 Lekshmipuram Road Santhigiri Po Pothemcode - 695 584 Kerala ... Appellant -vs1. Dr.Reddy Laboratories Limited 8-2-337, Road No.3, Banjara Hills Hyderabad-500 034 Telangana, India.

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

... Respondents PRAYER: Transfer Civil Miscellaneous Appeal (Trademarks) filed under Section 91 of the Trademarks Act, 1999, to allow the present 1/4

appeal and set aside the impugned order dated 05.07.2018 of the Trade Mark Registry, Chennai, passed in Application No.3299658; opposition No.876580, class-35 and allow the present appeal, opposition dated 17th January 2017 Form TM-5 along with complete annexures, and reply to counter-statement dated 10th August filed by opponent shall be taken on record and may abandon the application filed by respondent.

For Appellant : No appearance For R1 : Mr.Sree Shanmuga Sudhan for M/s. RNA IP Attorneys For R2 : Mr.A.R.Sakthivel, SPC **********

JUDGMENT

The matter is listed today under the caption "for dismissal" because the appellant was not represented at the hearing on 30.10.2023. At the hearing on 17.10.2023, learned counsel for the appellant stated that he was instructed to withdraw the appeal and 2/4

that he would file an application or memo for such purpose. Both on 30.10.2023 and at today's hearing, the appellant remains unrepresented. Therefore, (T)CMA(TM)/132/2023 is dismissed for non-prosecution without any order as to costs. 06.11.2023 kj Index : Yes / No Internet : Yes / No 3/4

SENTHILKUMAR RAMAMOORTHY,J.

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