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Shri Raj Bahadur Gupta Proprietor and Another Vs. Registrar of Trade Marks and Others - Court Judgment

SooperKanoon Citation

Court

Intellectual Property Appellate Board IPAB

Decided On

Case Number

Miscellaneous Petition No. 24 of 2005 in OA/58/2006/TM/KOL and OA/58/2006/TM/KOL

Judge

Appellant

Shri Raj Bahadur Gupta Proprietor and Another

Respondent

Registrar of Trade Marks and Others

Excerpt:


(circuit bench sitting at kolkata) ms. s. usha, vice-chairman: the original appeal arises out of the order dated 07/10/2004 passed by the assistant registrar of trade marks, kolkata dismissing the opposition no. cal – 60117 and allowing application no. 678323 in class 14 to proceed to registration. 2. the appellant herein who was the opponent before the registrar being aggrieved by the said order filed this instant appeal. 3. on completion of the pleadings, the appeal was listed for hearing. on the date of hearing, both the counsel withdrew their vakalath. meanwhile, one mr. t.k. jaha appeared on behalf of the respondents and filed the computer generated application status report dated 03/12/2012. from the report, it is seen that the impugned trade mark has not been renewed after 29/08/2005. it is also stated that the mark has been removed from the register and notified in the trade marks journal no. 1442. 4. as the mark has been removed from the register, nothing survives in the appeal. accordingly the appeal is dismissed with no order as to costs. the miscellaneous petition no. 24/2005 is, therefore, closed.

Judgment:


(CIRCUIT BENCH SITTING AT KOLKATA)

MS. S. Usha, Vice-Chairman:

The original appeal arises out of the order dated 07/10/2004 passed by the Assistant Registrar of Trade Marks, Kolkata dismissing the opposition No. CAL – 60117 and allowing application No. 678323 in class 14 to proceed to registration.

2. The appellant herein who was the opponent before the Registrar being aggrieved by the said order filed this instant appeal.

3. On completion of the pleadings, the appeal was listed for hearing. On the date of hearing, both the counsel withdrew their Vakalath. Meanwhile, one Mr. T.K. Jaha appeared on behalf of the respondents and filed the computer generated application Status Report dated 03/12/2012. From the report, it is seen that the impugned trade mark has not been renewed after 29/08/2005. It is also stated that the mark has been removed from the register and notified in the Trade Marks Journal No. 1442.

4. As the mark has been removed from the register, nothing survives in the appeal. Accordingly the appeal is dismissed with no order as to costs. The Miscellaneous Petition No. 24/2005 is, therefore, closed.




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