The Tamil Nadu High Court dismissed an appeal filed under Section 91 of the Trademarks Act, 1999, as infructuous because the subject trademark had already been removed from the Register of Trade Marks. The order was made without costs.
The Civil Miscellaneous Appeal was dismissed as infructuous. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(T)CMA(TM)/28/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.11.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMA(TM)/28/2023 (OA/29/2013/TM/CHN)
M/s.Silver Oak (India) Limited 1st floor, AA-14, Scheme No.54 Vijay Nagar (Opposite Sathya Sai School) AB Road, Indore 452 010 Madhya Pradesh.
... Appellant
-vs-
1.Rhizome Distilleries Pvt. Ltd. 3-5-152/1, Narayanguda Hyderabad, Andhra Pradesh-500 029.
PRAYER : Transfer Civil Miscellaneous Appeal (Trademarks) filed under Section 91 of the Trademarks Act, 1999, praying this Court that the impugned order dated 04.07.2012, which was passed by the 2nd respondent, be set aside; the Opposition No.MAS-716434 be decided in favour of the appellant and against 1st respondent.
For Appellant : No appearance
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(T)CMA(TM)/28/2023
For R1 : No appearance For R2 : Mr.M.Karthikeyan, SPC
JUDGMENT
On 07.11.2023, learned counsel for the Registrar of Trade Marks was directed to ascertain and report on the status of registration of Trade Mark No.1116900 in Class 33. He submits that the said trade mark has been removed from the Register of Trade Marks. (T)CMA(TM)/28/2023 was filed impugning the rejection of the opposition in respect of the above mentioned Trade Mark No.1116900. In view of the relevant trade mark being removed from the Register of Trade Marks, the appeal is dismissed as infructuous without any order as to costs.
22.11.2023
Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kj
SENTHILKUMAR RAMAMOORTHY,J.
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(T)CMA(TM)/28/2023
Kj
(T)CMA(TM)/28/2023 (OA/29/2013/TM/CHN)
22.11.2023
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1 issue framed by the court
Whether an appeal becomes infructuous when the relevant trademark has been removed from the register of trademarks.
1 provisions across 1 enactments
M/s. Silver Oak (India) Limited
Rhizome Distilleries Pvt. Ltd.
Deputy Registrar of Trade Marks
Senthil Kumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
