The High Court dismissed transfer petitions filed by Praveen Malhotra seeking cancellation of trade mark registrations, noting the petitioner remained unrepresented and unresponsive despite service of notice.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.11.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(TM)/1, 156 to 161/2023 (ORA/10/2005, 272 to 277/2014/TM/CHN)
(T)OP(TM)/1/2023
Praveen Malhotra Trading as Parth Trading Company 212-213, Gali Lohara, Ajmeri Gate, Delhi 110 006. ... Petitioner -vs1.The Registrar of Trade Marks New Delhi. 2.Carborundum Universal Limited TIAM House, 28, Rajaji Salai, Chennai 600 001. ... Respondents (T)OP(TM)/156 to 161/2023 Praveen Malhotra Trading as Parth Trading Company 212-213, Gali Lohara, Ajmeri Gate, Delhi 110 006. ... Petitioner -vsCarborundum Universal Limited TIAM House, 28, Rajaji Salai, Chennai 600 001. ... Respondent 1/7
PRAYER in (T)OP(TM)/1/2023: Transfer Original Petition (Trade
Marks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying that this Hon'ble Court in the interest of justice, equity and good conscience cancel the registration of the impugned mark “CARBORUNDUM UNIVERSAL” registered as Trade Mark No. 1149973 in Class 8 by allowing this rectification and declaring the mark to be generic and common to trade and the cost of the proceeding should also be awarded in favour of the petitioner.
PRAYER in (T)OP(TM)/156/2023: Transfer Original Petition (Trade Marks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying that this Hon'ble Court in the interest of justice, equity and good conscience cancel the registration of the impugned mark “CARBORUNDUM UNIVERSAL” registered as Trade Mark No. 1149967 in Class 01 by allowing this rectification and declaring the mark to be generic and common to trade and the cost of the proceeding should also be awarded in favour of the petitioner.
PRAYER in (T)OP(TM)/157/2023: Transfer Original Petition (Trade
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Marks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying that this Hon'ble Court in the interest of justice, equity and good conscience cancel the registration of the impugned mark “CARBORUNDUM UNIVERSAL“ registered as Trade Mark No. 1149965 in Class 03 by allowing this rectification and declaring the mark to be generic and common to trade and the cost of the proceeding should also be awarded in favour of the petitioner.
PRAYER in (T)OP(TM)/158/2023: Transfer Original Petition (Trade Marks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying that this Hon'ble Court in the interest of justice, equity and good conscience cancel the registration of the impugned mark “CARBORUNDUM” registered as Trade Mark No. 1149971 in Class 01 by allowing this rectification and declaring the mark to be generic and common to trade and the cost of the proceeding should also be awarded in favour of the petitioner.
PRAYER in (T)OP(TM)/159/2023: Transfer Original Petition (Trade
Marks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999,
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praying that this Hon'ble Court in the interest of justice, equity and good conscience cancel the registration to the impugned mark “CARBORUNDUM” registered as Trade Mark No. 1149972 in Class 03 by allowing this rectification and declaring the mark to be generic and common to trade and the cost of the proceeding should also be awarded in favour of the petitioner.
PRAYER in (T)OP(TM)/160/2023: Transfer Original Petition (Trade Marks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying that this Hon'ble Court in the interest of justice, equity and good conscience cancel the registration of the impugned mark “CARBORUNDUM UNIVERSAL” registered as Trade Mark No. 1149974 in Class 19 by allowing this rectification and declaring the mark to be generic and common to trade, the cost of the proceeding should also be awarded in favour of the petitioner.
PRAYER in (T)OP(TM)/161/2023: Transfer Original Petition (Trade Marks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying that this Hon'ble Court in the interest of justice, equity and
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good conscience cancel the registration to the impugned mark “CARBORUNDUM” in Trade Mark No.1149968 in Class 19 by allowing this rectification and declaring the mark to be generic and common to trade and the cost of the proceeding should also be awarded in favour of the petitioner.
For Petitioner : No Appearance in all OP's
For Respondent : Mr.Arun C.Mohan in (T)OP(TM)/156 to 161/2023
For Respondent 1 : Mr.K.Subbu Ranga Bharathi in (T)OP(TM)/1/2023
For Respondent 2 : Mr.Arun C.Mohan in (T)OP(TM)/1/2023
COMMON ORDER
These petitions are listed today under the caption "for
dismissal" because the petitioner remained unrepresented at the hearing on 06.11.2023 in spite of notice being served on the petitioner
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on 22.08.2023, as per the bailiff's report. At today's hearing, the petitioner continues to remain unrepresented.
for non-prosecution without any order as to costs.
16.11.2023
rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No
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SENTHILKUMAR RAMAMOORTHY,J
rna
(T)OP(TM)/1, 156 to 161/2023 (ORA/10/2005, 272 to 277/2014/TM/CHN)
16.11.2023
7/7
1 provisions across 1 enactments
Praveen Malhotra Trading as Parth Trading Company
The Registrar of Trade Marks New Delhi
Carborundum Universal Limited
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
