Z.S. Negi, Chairman - (1.) THE appellant had filed an appeal under Section 109(2) of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act) being CM (M) 354 of 2000 on the file of High Court of Delhi against order and decision both dated 4.4.2000 passed by the Assistant Registrar of Trade Marks, New Delhi allowing the Forms TM-16 dated 22.11.1999, and treating the oppositions No. DEL-T-682, DEL-T-683 and DEL-T876/52681 as abated and allowing applications No. 553832, 556459 and 564344 to proceed to registration. THE Hon'ble High Court of Delhi has, in pursuance of Section 100 of the Trade Marks Act, 1999, transferred the aforesaid appeal to the Intellectual Property Appellate Board and the same has been renumbered as TA/231/2004/TM/DEL.
(2.) The appeal came up before us for hearing today when Shri M.R. Bhalerao, Advocate appeared on behalf of the appellant and Shri Kamal Kishore Arora, Advocate appeared on behalf of respondent No. 1. Shri Bhalerao, learned Counsel for the appellant submitted that the dispute between the parties have already been settled by entering into an agreement dated 23.12.1995 and vide application dated 5.5.1998 under Order 23 Rule 3 read with Section 151 of the C.P.C. (in re: Suit No. 556 of 1992 in the Hon'ble High Court of Delhi). Shri Kamal Kishore Arora, learned Counsel for the respondent No. 1 filed a letter from the respondent No. 1 annexing therewith a photocopy of the agreement (which is not legible) requesting this Appellate Board to treat the registration applications No. 553832, 556459 and 564344 as withdrawn. Learned Counsel for the appellant submitted that the respondent No. 1 has to withdraw its applications for registration.
(3.) IN view of the above, if the respondent No. 1 withdraw the applications for registration, the present appeal becomes infructuous. Accordingly, the appeal is disposed of as infructuous.;