A petition under the Trade Marks Act, 1999 seeking rectification/removal of a registered trade mark was dismissed as infructuous because the mark's validity had expired well before the petition was filed.
The petition (T)OP(TM)/420/2023 was dismissed as infructuous without any 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)OP(TM)/420/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.11.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(TM)/420/2023 (ORA/84/2011/TM/CHN)
Centaur Pharmaceuticals Private Limited Centaur House, Shantinagar, Vakola Santacruz (East), Mumbai 400 055 Maharashtra, India. ... Petitioner
-vs-
PRAYER : Transfer Original Petition (Trade Marks) filed under Sections 47, 57 and 125 of the Trade Marks Act, 1999, praying to the
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(T)OP(TM)/420/2023
Hon'ble Court that the registration of the impugned mark with Trade Mark No.1409666 in Class 05 be rectified/removed from the Register of Trademarks.
For Petitioner : No appearance For R1 : No appearance For R2 : Mr.Rajesh Vivekanandhan, DSG
ORDER
The bailiff's report records that notice was served on the petitioner on 11.09.2023. At the hearing on 25.09.2023, Ms.Nidhi Bangera, learned counsel, appeared on behalf of the petitioner and submitted that the contesting parties had recorded a settlement in connected civil proceedings. She further submitted that the registration of the impugned trade mark was not renewed by the 1st respondent. In those circumstances, learned counsel for the Registrar of Trade Marks was directed to ascertain and report on the status of registration of the impugned trade mark. In compliance, the status of
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(T)OP(TM)/420/2023
registration was placed on record. The document indicates that the last registration was valid up to 28.12.2015. Since the long stop date for renewal has long expired, this petition has been rendered infructuous. Consequently, (T)OP(TM)/420/2023 is dismissed as infructuous, without any order as to costs.
10.11.2023
kj Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No
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(T)OP(TM)/420/2023
SENTHILKUMAR RAMAMOORTHY,J.
Kj
(T)OP(TM)/420/2023 (ORA/84/2011/TM/CHN)
10.11.2023
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1 issue framed by the court
Whether to rectify or remove Trade Mark No.1409666 from the Register of Trademarks given the expiry of its renewal date.
1 provisions across 1 enactments
Centaur Pharmaceuticals Private Limited
Sai Mirra Innopharm Private Limited
The Registrar of Trade Marks
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
