Friday, December 25, 2009

SHRI DEEPAK KISHORE JOSHI VS GALAXY FOOTWEAR

INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex, Annexe-I, 2nd Floor, 443, Anna Salai,
Teynampet, Chennai – 600 018

(Circuit Bench sitting at Delhi)

TRA/108/2004/TM/DEL (C.O. No. 7/1998)


THURSDAY THIS, THE 17th DAY OF FEBRUARY, 2005

Hon’ble SHRI JUSTICE S. JAGADEESAN -- Chairman
Hon’ble DR. RAGHBIR SINGH --Vice-Chairman

SHRI DEEPAK KISHORE JOSHI
Trading as
M/s. GALAXY FOOTWEAR
A-21/1, Naraina Industrial Area
Phase-I
NEW DELHI - 110 028 -- Applicant

(By Advocate – None)

Vs.
1. M/s. OSWAL INDUSTRIES
H-26, Udyog Nagar
DELHI – 110 041.

2. THE REGISTRAR OF TRADE MARKS
Trade Marks Registry
Okhla Industrial Estate
NEW DELHI – 110 020 -- Respondents


(By Advocate – Shri Ajay Amitabh Suman for R-1)


O R D E R
(No. 60 of 2005)



Hon’ble Shri Justice S. Jagadeesan


While the matter was pending before the Hon’ble High Court of Delhi, the learned counsel for the first respondent filed IA/104/2000 for discharging him from the case and the High Court directed notice to the applicant. By endorsement dated 20.11.2001 from the High Court, it is seen that the notice sent to the applicant returned un-served with endorsement ‘Locked’. Fresh notice was ordered by the High Court on 4.11.2003, the service of which could not be effected. The notice send from the Registry of the Appellate Board to the applicant also returned with remarks that ‘Galaxy Footwear is closed since long’, who is the applicant herein. In view of the same, no option is left with us but to dismiss the TRA/108/2004/TM/DEL for non-prosecution. Accordingly, the same is dismissed.
(Dr. Raghbir Singh) (Justice S. Jagadeesan) Vice-Chairman Chairman
AVN
Disclaimer: This order is being published for present information and should not be taken as a certified copy issued by the Board.

No comments:

Post a Comment

Featured Post

WHETHER THE REGISTRAR OF TRADEMARK IS REQUIRED TO BE SUMMONED IN A CIVIL SUIT TRIAL PROCEEDING

WHETHER THE REGISTRAR OF TRADEMARK IS REQUIRED TO BE SUMMONED IN A CIVIL SUIT TRIAL PROCEEDING IN ORDER TO PROVE THE TRADEMARK  REGISTRA...

My Blog List

IPR UPDATE BY ADVOCATE AJAY AMITABH SUMAN

IPR UPDATE BY ADVOCATE AJAY AMITABH SUMAN

Search This Blog