SHRI DEEPAK KISHORE JOSHI VS M/s. OSWAL INDUSTRIES

Intellectual Property Appellate Board, Chennai - Orders

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex, Annexe-I, 2^nd 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 17^th 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

http://www.ipab.tn.nic.in/Orders/060-2005.htm (1 of 3)4/3/2009 3:47:44 PM Intellectual Property Appellate Board, Chennai - Orders

(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)

http://www.ipab.tn.nic.in/Orders/060-2005.htm (2 of 3)4/3/2009 3:47:44 PM Intellectual Property Appellate Board, Chennai - Orders

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.

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