M/S.Jaimalla Cables vs The Deputy Registrar Of Trade Marks
2023 Latest Caselaw 15005 Mad

Citation : 2023 Latest Caselaw 15005 Mad
Judgement Date : 27 November, 2023

Madras High Court

M/S.Jaimalla Cables vs The Deputy Registrar Of Trade Marks on 27 November, 2023

Author: Senthilkumar Ramamoorthy

Bench: Senthilkumar Ramamoorthy

                                                                           (T)CMA(TM)/119/2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                               DATED: 27.11.2023
                                                   CORAM
                        THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                             (T)CMA(TM)/119/2023
                                             (OA/66/2011/TM/CHN)


                     M/s.Jaimalla Cables
                     No.59, Mallikarjune Temple Street,
                     2nd cross, B.V.K.Yungar Road Cross
                     Chickpet, Bangalore-560 053.                         ... Appellant


                                                      -vs-



                     1.The Deputy Registrar of Trade Marks
                     Intellectual Property Building,
                     G.S.T.Road, Guindy,
                     Chennai.

                     2.Polycab Wires Pvt. Ltd
                     Hico House, 1st floor
                     No.771, Pandit Satwalekar Marg,
                     Mahim, Mumbai-400 016.                               ... Respondents


                     PRAYER: Transfer Civil Miscellaneous Appeal (Trademarks) filed

                     under Section 91 of the Trademarks Act, 1999, praying this Court that

                     the application for registration filed by the appellant be allowed and

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                  (T)CMA(TM)/119/2023

                     opposition filed by the respondent be dismissed.



                                       For Appellant      : No appearance

                                       For R1             : Mr.S.Diwakar, SPC

                                       For R2             : No appearance

                                                        JUDGMENT

The bailiff's report on 07.10.2023 records that notice could not

be served on the appellant because the appellant had left the

specified address. Therefore, learned counsel for the Registrar of

Trade Marks was directed to ascertain and report whether the

appellant had communicated a change of address to the Trade Marks

Registry. Learned counsel has placed on record the document

relating to the application for registration of the trade mark. The

document shows that the address provided therein matches with the

address in the cause title of the appeal. In the absence of the current

address for service on the appellant, this appeal cannot be proceeded

with. Therefore, (T)CMA(PT)/119/2023 is dismissed for

non-prosecution without any order as to costs.