Odi Industries Limited v. Protech Appliances (P) Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)OP(TM)/480/2023 (ORA/SR.12/2019/TM/CHN) Odi-Ray Industries Limited Plot No.321 Ground Floor Mahanadi Ring Road NR.Hotel Mahanadi Inn Cuttack 753 007, Odisha, India.

... Petitioner -vs1.Protech Appliances (P) Ltd., Trading as Protech Appliances (P) Ltd., G261, 2nd Floor, Main Avenue Panampilly Nagar, Kochi - 682 036, Kerala, India.

2.The Registrar of Trade Marks, Office of the Trade Marks Registry, Intellectual Property Rights Building, Godown Area GST Road, Guindy, Chennai 600 032.

... Respondents PRAYER : Transfer Original Petition (Trade Marks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying to expunge or cancel the registration of the impugned mark SPICE bearing Registration Number 1760017 in Class 32. It is further prayed that SENTHILKUMAR RAMAMOORTHY,J 1/2 https://www.mhc.tn.gov.in/judis

rna this Hon'ble Court be pleased to award cost of the proceeding to be paid by the Respondent to the Petitioner.

For Petitioner : No Appearance For Respondent 2 : Mr.C.Samivel, SPC **********

ORDER

The matter is listed today under the caption "for dismissal" because the petitioner was unrepresented at the hearing on 08.11.2023 in spite of notice being served on the petitioner on 16.09.2023, as per the bailiff's report dated 16.09.2023. At today's hearing, the petitioner remains unrepresented.

2. Therefore, (T)OP(TM)/480/2023 is dismissed for nonprosecution without any order as to costs. 17.11.2023 rna Index : Yes / No Internet : Yes / No (T)OP(TM)/480/2023 (ORA/SR.12/2019/TM/CHN 2/2 https://www.mhc.tn.gov.in/judis