M/S. NIRMA LIMITED Vs. M/S. AUTOMITE (INDIA) ALSO AS RIMA SEWING COMPANY
LAWS(IP)-2013-9-13
INTELLECTUAL PROPERTY APPELLATE BOARD
Decided on September 13,2013

Appellant
VERSUS
Respondents

JUDGEMENT

S.USHA, VICE CHAIRMAN - (1.) THE original rectification application is for renewal of the trade mark Nirma registered No.1011388 in Class 7.
(2.) THE counsel for the applicant was present and there was no representation on behalf of the respondent. The counsel for the applicant filed a letter dated 22.06.2013 addressed to the Deputy Registrar of this Board stating that the mark has not been renewed after 2011 and also the copies of the letter by the respondents agent to the Trade Mark Registry and to this Board Registry stating that they are not interested in the registration and that they are withdrawing the registration.
(3.) ON perusal of the letter to the Trade Mark Registry dated 22.04.2005 for withdrawal of the application it is noticed that till date, no orders as to removal has been passed by the Trade Marks Registry. As the impugned trade mark has not been renewed after 2011 and also that the respondents are not interested in the registration the impugned trade mark is cancelled with a direction to the Registrar of Trade Marks to carry out the necessary action.;


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