Abiba Systems Private Limited v. The Registrar Of Trade Marks

(T)CMA(TM)/198/2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMA(TM)/198/2023 (OA/SR.36/2018/TM/CHN) Abiba Systems Private Limited, 2nd Floor, 419, 12th Cross, Sadashivanagar, Bangalore - 560 080.

... Appellant -vsThe Registrar of Trade Marks, Patent Office, IPR Building, G.S.T.Road, Guindy, Chennai - 600 032.

... Respondent PRAYER: Transfer Civil Miscellaneous Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act, 1999, praying to direct the Deputy Registrar of Trade Marks to review the order of refusal dated 31st July 2015 and the grounds of decision dated 19th January 2018 and the order of refusal issued by the Registrar of Trade Marks against registration of the Subject Trademark and dated 31st July 2015 be annulled; and the trademark Application No.1943787 for the mark 'Champion' in Classes 9, 35, 42 filed in the name of Abiba Systems Private Limited be allowed to proceed for registration. 1/2 https://www.mhc.tn.gov.in/judis

(T)CMA(TM)/198/2023 SENTHILKUMAR RAMAMOORTHY,J kal For Appellant : No Appearance For Respondent : Mr.A.R.Sakthivel, SPC **********

JUDGMENT

The matter is listed today under the caption "for dismissal". The bailiff's report on 04.10.2023 records that notice could not be served on the appellant directly because the appellant had left the specified address. Service was effected on the appellant through its agent as per the bailiff's report on 22.09.2023. However, the appellant remains unrepresented. In the absence of the current address for service, this appeal cannot be proceeded with.

Consequently, (T)CMA(TM)/198/2023 is dismissed for non-prosecution without any order as to costs.

23.11.2023 Index : Yes / No Internet : Yes / No kal (T)CMA(TM)/198/2023 (OA/SR.86/2018/TM/CHN) 2/2 https://www.mhc.tn.gov.in/judis