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SCA/5785/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5785 of 2010
=========================================
PANKAJBHAI
SITARAM NAYAK
Versus
REGISTRAR
OF TRADE MARK & 1
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Appearance
:
MR SHAKIL S SHAIKH for
Petitioner
None for
Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 07/05/2010
ORAL
ORDER
1. The
petitioner has filed this petition under Article 226 of the
Constitution of India praying for direction to the respondent
authorities for cancellation of the word National as a
registered Trade Mark, using by National Chalk Sticks. Alternatively,
the petitioner has prayed for direction to Intellectual Property,
Appellate Board, Chennai to decide the proceedings vide
T.M.No.249059 in a stipulated time in accordance with law.
2. Heard
Mr.S. S. Shaikh, learned advocate appearing for the petitioner and
perused the averments made in the petition. The main prayer made by
the petitioner in this petition cannot be granted as the dispute is
pending before the Appellate Board. For expeditious hearing of the
matter, the petitioner can approach the Appellate Board. When such a
request is made by the petitioner, the Appellate Board will consider
the same on its own merits and in accordance with law.
3. With
this observation, this petition is disposed of.
[
K. A. PUJ, J. ]
(vijay)
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