The High Court dismissed a Trademark Civil Miscellaneous Appeal as infructuous because the registered trademark whose registration was opposed in the appeal had expired and was not renewed, rendering the appeal devoid of any merit.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.09.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)CMA(TM)/27/2023 (OA/15/2013/TM/CH)
Sharp Kabushiki Kaisha (Sharp Corporation) 22-22, Nagaike-Cho, Abeno-Ku, Osaka, Japan.
... Appellant
-vs-
PRAYER : Transfer Civil Miscellaneous Appeal (Trademarks) filed under Sections 91(1) of the Trademarks Act, 1999, praying to Set aside/quash the order dated 5th September 2012 of the Learned Deputy Registrar of Trade Marks, Chennai dismissing opposition MAS-719149 and allowing Application No.1185252 in class 7 to
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proceed for registration and allow the appellant's opposition No.MAS-719149 and reject the 1st respondent's Application No.1185252 in class 7 for registration of the mark SHARP.
For Appellant : Mr.Arun C.Mohan for M/s.A.A.Mohan
For Respondent 1 : Mr.R.Sathish Kumar
For Respondent 2 : Mr.M.Karthikeyan, SPC
JUDGMENT
Learned counsel for the first respondent has placed before me the status of Trademark No.1185252, which was registered in class 7. The status report discloses that the last registration was valid only up
to 24.03.2013. Since the appellant assails an order by which its opposition to the registration of the mark was rejected, the appeal has been rendered infructuous by the non renewal of registration of the impugned mark.
(T)CMA(TM)/27/2023 is dismissed as infructuous without any order
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as to costs.
01.09.2023
rna/rjr Index : Yes / No Speaking Order (or) Non-Speaking Order To The Deputy Registrar of Trade Marks Office of the Trade Marks Registry, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.
SENTHILKUMAR RAMAMOORTHY, J.
rna/rjr
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(T)CMA(TM)/27/2023 (OA/15/2013/TM/CH)
01.09.2023
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Sharp Kabushiki Kaisha (Sharp Corporation)
Sharp Tools
Deputy Registrar of Trade Marks Office of the Trade Marks Registry, Chennai
Senthilkumar Ramamoorthy
Adam Dharmapalan
S. Ravindra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
