High Court dismissed a trademark expungement petition for non-prosecution because the petitioner could not be served at the address provided and had no alternative address for service.
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(T)OP(TM) No.169 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(TM) No.169 of 2023
(ORA/79/2015/TM/CH)
Jupiter Drugs Partnership Concern, Represented by its Managing Partner Mr.C.P.Kuriakose No/12/66, Main Road, Irinjalakuda-680 121, Thrissur, Kerala. ...Petitioner
Vs.
1.Mrs.M.Sarojini Proprietrix, MS.MEHCEC Labs, No.200, M.E.I. Colony, Peenya Third Phase, Bangalore – 560 058. 2.The Deputy Registrar of Trademarks, Trademarks Registry, IP Building, G.S.T. Road, Guindy.
...Respondents
Page 1 of 4
(T)OP(TM) No.169 of 2023
Prayer: Transfer Original Petition (Trademarks) filed under Sections 47(1)(a)(2)(b), 57(2)(3) and 125(1) of Trademark Act, 1999 praying that the registered label Trademark “ZIPROVIT” with Trademark No.1306475 in Class 05 in the name of Mrs.M.Sarojini be expunged or removed or limited to the State of Karnataka as per the provisions laid down.
For Petitioner : No Appearance For R1 : Mr.Arun C.Mohan For R2 : Mr.S.Janarthanam Senior Panel Counsel
ORDER
The bailiff's report dated 26.07.2023 stated that notice could not be served on the petitioner because the petitioner is no longer functioning at the address specified in the petition. By a separate report, the bailiff has stated that notice was served on learned counsel for the petitioner on 26.07.2023. In the absence of an alternative address for service, the petitioner cannot be served and, consequently, this petition cannot be proceeded with.
Page 2 of 4
(T)OP(TM) No.169 of 2023
2.In view of these developments, (T)OP(TM) No.169 of 2023 is dismissed for non-prosecution without any order as to costs.
08.09.2023
Index:No Speaking order Neutral Citation:No hvk
To
The Deputy Registrar of Trademarks, Trademarks Registry, IP Building, G.S.T. Road, Guindy.
Page 3 of 4
(T)OP(TM) No.169 of 2023
SENTHILKUMAR RAMAMOORTHY,J.
hvk
(T)OP(TM) No.169 of 2023 (ORA/79/2015/TM/CH)
08.09.2023
Page 4 of 4
Jupiter Drugs Partnership Concern Represented by Mr. C.P. Kuriakose
Mrs. M. Sarojini Proprietrix MS. MEHCEC Labs
The Deputy Registrar of Trademarks
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
