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.
