M.H.S. Ansari, J. (Chairman) - (1.) INSTANT rectification application is filed under Section 32, 46 and 56 of the Trade and Merchandise Marks Act, 1958 (for short the Act) seeking rectification of the entry pertaining to the registered Trade Mark No. 508827 in class 11.
(2.) Instant rectification application was filed before the Delhi High Court, where it was registered as CO. No. 16/2001 and consequent upon its transfer in terms of Section 100 of the Trademarks Act, 1999 it was transferred to this Appellate Board where it has been re-numbered as TRA 89/2004/TM/DEL. When notice of hearing was issued by the Registry of this Board to the respective parties, Shri Rakesh Pal Goel, respondent/registered proprietor sent a letter dated 06.07.207 stating as under: We acknowledge the receipt of your letter No. TR 89/2004/TM/DEL/1265 dated 12.06.2007 and in reply there-to submit as under: We enclose herewith the photo copie of the orders Delhi High Court Dated 16.9.2005. We do not want to proceed with the application further. Therefore we hereby withdrawn our above noted application and request you to treat the same as withdrawn with no order as to cost. Thereafter, order sheet dated 27.04.2007 shows that none appeared on behalf of the respondents. Order sheet dated 10.07.07 show that the vakalat filed on behalf of respondent No. 1 was withdrawn.
(3.) ON 12.12.2007 none appeared on behalf of the respondent No. 1 registered proprietor. Shri Shailen Bhatia, learned Counsel for the applicant filed the Xerox copy of the orders of High Court of Delhi in suit CS (OS) No. 1140/2001 dated 16.09.05. It was submitted by Shri Shailen Bhatia, learned Counsel for the applicant that the respondent No. 1-registered proprietor being the defendant No. 1 in the said suit CS (OS) No. 1140/2001 suffered a decree of permanent injunction with respect to the trade mark in question and that the decree, being a consent decree, the trade mark in question (PALCO) is liable to be removed from the Register in terms of Section 11(e) of the Trade and Merchandise Marks Act, 1958.;