Petition to cancel a trademark registration in the first respondent's name was disposed of on the terms of a joint compromise memo: she acknowledged the petitioners' prior use and well-known status of the MANAPURAM mark, undertook to stop using it, to seek cancellation of her registration, and to transfer the domain manappuramfeeds.com.
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OP(TM) No. 19 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
OP(TM) No. 19 of 2024
1. V.P.Nandakumar
2. Manappuram Finance Limited
[Formerly Known as Manappuram General Finance and Leasing Limited] Represented by its Company Secretary Mr.Manoj Kumar VR W-41 638 A, Manappuram House Valapad, Chavakkad, 680567, Kerala, India. .... Petitioners
-vs-
2. The Registrar of Trademarks Office of the Trade Marks Registry Guindy, Chennai-600 032. ...Respondents
PRAYER : This Original Petition has been filed under Section 47 and 57 of the Trade Marks Act, 1999 read with Rule 6 of the Madras High Court Intellectual Property Rights Division Rules, 2022 praying that the entry in the Register of the second respondent relating to Trademark Registration No.5109630 dated 30.08.2021 in Class 31 in the name of the 1 st respondent be cancelled and removed under the provisions of Sections 47 and 57 of the Trademarks Act, 1999 with a direction to the 1st respondent to pay cost of this petition.
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OP(TM) No. 19 of 2024
For Petitioner : Mr.K.Balamurali for M/s.Shivakumar
For Respondents : Mr.J.Madanagopal Rao Senior Panel Counsel (R2)
Mr.P.Muraleedharan (R1)
O R D E R
Today when the matter was taken up for hearing, the learned
counsel appearing for the petitioners and the first respondent had filed a joint memo compromise.
“1] The Petitioners have filed the above petition to remove
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OP(TM) No. 19 of 2024
and cancel the entry in the Register of the second respondent relating to Trademark Registration No.5109630 dated 30th August, 2021 in class 31 in the
name of the 1st Respondent under the provisions of Sections 47 and 57 of the Trademarks Act, 1999.
2] The Petitioners and the 1st Respondent above named, have arrived at a compromise as per the following terms and conditions and undertake before this Hon'ble
Court:-
i. The 1st Respondent acknowledges that Shri.V.C.Padmanabhan, father of the 1st Petitioner is first to use the trademark MANAPURAM in commerce and it is a wellknown trademark exclusively associated with the 1st Petitioner and the business entities promoted and managed by the 1st Petitioner.
ii. The 1st Respondent hereby confirms that she has never used the trademark MANAPPURAM /MANAPPURAM FEEDS in commerce and
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OP(TM) No. 19 of 2024
undertakes not to use the same as a trademark
/trade name or part of a trademark or trade name in the future in relation to any goods or services.
iii. The 1st Respondent hereby undertakes to file the requisite application before the 2nd Respondent to cancel the trademark registration obtained by the 1st Respondent under Trademark No.5109630 within 10 days from the date of signing this Compromise Memo.
iv. The 1st Respondent hereby undertakes to transfer
the domain name
http://www.manappuramfeeds.com/ obtained by her to the 1st Petitioner within 10 days from the date of signing this Compromise Memo.
v. The parties herein agree to suffer their respective
costs.
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OP(TM) No. 19 of 2024
part thereof.”
24.10.2024
Index :Yes/No
Maya
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OP(TM) No. 19 of 2024
K.KUMARESH BABU, J.
Maya
OP(TM) No. 19 of 2024
24.10.2024
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1 issue framed by the court
Should the registration of Trademark No.5109630 in Class 31 in the name of the first respondent be cancelled under Sections 47 and 57 of the Trade Marks Act?
2 provisions across 2 enactments
V.P.Nandakumar
Manappuram Finance Limited (Formerly Known as Manappuram General Finance and Leasing Limited)
Jayashree
The Registrar of Trademarks Office of the Trade Marks Registry Guindy, Chennai
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
