K.N.BASHA,CHAIRMAN - (1.) THIS application is preferred by the applicant seeking for the relief of removal, expunging and cancellation from the Register of the Trade Mark, the impugned trade mark "Brothers Gulfgate" along with the logo bearing No.1574327 in Class 42 registered as per the impugned registration certificate dated 27.02.2007.
(2.) THIS application was taken on file by the Registry and thereafter, the notice was served on the respondent and the respondent represented through the counsel by name Shri. S. Balachandran and filed the Vakalathnama. But the fact remains that subsequently, the very same counsel for the respondent Shri S. Balachandran, K. Rajasekaran and Shri T.K. Anuradha submitted a letter dated 04.07.2013 addressed to the Deputy Registrar, IPAB, Chennai stating that they have received the notice informing the date of hearing and with reference to this matter they have stated that they are not receiving any response and instructions from the respondent and as such they are withdrawing from the proceedings with a request that any further communication on the subject to be addressed directly to the respondent.
(3.) IT is pertinent to note that as per the order of this Board on 05.07.2013, the Registry was directed to issue notice directly to party and post the matter on 25.07.2013. This Board passed another order dated 25.07.2013 stating that the notices sent to the respondent returned un -served and it is also observed that one cover was sent to Kozhikode and the other to the Branch at Aykkapadth House. But there is no response, as a result, the respondent was set ex -parte as per the order dated 25.07.2013. It is seen that at the instance of this Board, the applicant was directed to file certain documents to prove their use of the trade mark "Gulfgate" and certain time was stipulated namely till 10.09.2013.;