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Judgment
K.N. Basha, J
This matter is posted today on the basis of the order of restoration passed by this Bench by allowing the review petition No. 7 of 2014 in ORA/94/2009/TM/CH. It is seen that the first respondent in spite of receiving notice not appeared before this Bench either in person or represented by their advocate, even during the hearing of the review petition.
Mr. Deepak Vaid the learned counsel for the applicant would submit today that the impugned trade mark No. 1315362 in Class 41 has already been ordered to be expunged from the register under Order No. 140 of 2011 dated 14th September, 2011. The learned counsel would also produce a copy of the said order as well as the status report of the trade mark registration downloaded from the website dated 18.03.2015. It is pertinent to note that the status report stated that it is mentioned as "Registered", but in the very same report under the column uploaded document IPAB's order as pointed out earlier dated 14.09.2011 is mentioned as per serial No. 10, but unfortunately till date the impugned trade mark is continued to be in the register in spite of the order passed by the IPAB dated 14.09.2011. The respondent was served notice even in respect of today's date of hearing. It is pertinent to note that even as per the IPAB's order dated 14.09.2011 the first respondent was not represented by any one or appeared in person. In the earlier order dated 14.09.2011 this Bench has stated that the suit filed by the first respondent in C.S. No. 326 of 2008 was rejected by the Hon'ble High Court of Madras on 22.09.2010. However, the fact remains that the impugned trade mark was ordered to be expunged from the register as pointed out earlier. Such being the position, it is suffice for this Bench to dispose of this ORA/94/2009/TM/CH by recording the above said factors with a direction to the Registrar of Trade Marks, Trade Marks Registry, Chennai, the second respondent herein to remove the impugned trade mark No. 1315362 in Class 41 from the Register within a period of two weeks from the date of receipt of copy of this order. No costs.