ORA/94/2009/TM/CH. Case: Ultra Medical Society Vs The Institute of Chartered Financial Analysts of India and Ors.. Intellectual Propery Appellate Board Cases

Case NumberORA/94/2009/TM/CH
Party NameUltra Medical Society Vs The Institute of Chartered Financial Analysts of India and Ors.
CounselFor Appellant: Deepak Vaid and Dhara Deoshi, Advocates
JudgesK.N. Basha, J. (Chairman) and Sanjeev Kumar Chaswal, Member (T(Trade Marks))
IssueIntellectual Property Rights
Judgement DateMarch 19, 2015
CourtIntellectual Propery Appellate Board Cases

Order:

K.N. Basha, J. (Chairman)

  1. 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.

  2. 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...

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