Judgment:
Hon'ble Shri Z.S.Negi, Chairman:
Societe Des Products Nestle S.A., through its constituted attorney Ms. Venita Gabriel has filed a rectification application seeking the removal/rectification of NUTRINE trade mark registered under No. 446408 in class 05 from the Register of Trade Marks under sections 9(1), 47 and 18 (4) read with section 57 of the Trade Marks Act, 1999.
2. Subsequent to the filing of the rectification application, the applicant filed M.P.156/2008 seeking permission for substituted service of notice of hearing on the respondent No. 1 through newspaper publication and M.P. No. 61/2009 seeking to take the amended cause title on record.
3. Hearing notice dated 22.07.2009 fixing the hearing of M.P. No.61/2009 for 13.08.2009 was sent to all the parties. In response to the said hearing notice, the counsel for the applicant filed a miscellaneous petition duly supported by an affidavit of the constituted attorney of the applicant seeking withdrawal of the rectification application. It is stated in the miscellaneous petition that the applicant out of some internal management decisions wishes not to pursue the rectification proceedings and hence want to withdraw the same. It is prayed that the present rectification application may be treated as withdrawn.
4. When the matter came up before us today for hearing we find no representative for the applicant, respondent No. 1 and respondent No. 2 present. As has been stated earlier that the applicant has filed a miscellaneous petition seeking the withdrawal of the rectification application, and the same is taken on record, we see no reason to allow the matter to continue on the file of this Appellate Board. We, therefore, allow the miscellaneous petition No. 193/2009, and consequently, the rectification application is dismissed as withdrawn. Since the rectification application is dismissed as withdrawn, the pending miscellaneous petitions do not survive. However, there shall be no order as to the costs.