The High Court allowed a rectification petition under Section 47 of the Trade Marks Act, 1999, where the respondent admitted the non-use of the trademark 'BIOMIC SCIENCE' in commerce since its registration in 2012.
Petition allowed with all consequences to follow; no costs awarded.
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.
2024:MHC:1840
OP(TM) No.2 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2024
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
OP(TM) No.2 of 2024
Cosmetic Warriors Limited Through its Constituted Power Agent Ms.Gabriela Maria Felix Francisco 29 High Street, Poole Dorset, BH 15 1 AB, England United Kingdom
.... Petitioner
Vs
.... Respondents
Prayer: Petition filed under Section 47 of the Trade Marks Act, 1999 to remove/expunge/rectify the entry relating to registration no.2393961 in class 3 and award costs in favour of the petitioner.
For Petitioner : Ms.Vandana Jain For Respondents : Mr.R.Sathish Kumar- R1 Mr.J.Madanagopal Rao – R2 Senior Panel Counsel
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OP(TM) No.2 of 2024
O R D E R
Read this order in conjunction with and in continuation of order
dated 22.04.2024.
has filed a memo dated 23.04.2024 reading thus:
It is stated that the petitioner had filed the present rectification petition against the 1st respondent for trademark BIOMIC SCIENCE registered under No.2393961 in clas 3. The petitioner has taken the ground that the impugned trademark has not been put to use by the 1st respondent.
It is stated that the 1st respondent has registered the impugned mark in 2012, however there has been no substantial use of the trademark "BIOMIC SCIENCE" by the 1st respondent in commerce. It is stated that therefore, the 1st respondent does not intend to prosecute the said rectification petition.
It is therefore prayed that this Hon'ble Court may be pleased to take the said memo on record and the rectification petition shall be allowed and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances and thus render justice.
has not been put to use by R1, this Original Petition is allowed with all
consequences to follow. No costs.
23.04.2024
Sl Index:Yes/No Speaking order Neutral Citation:Yes
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OP(TM) No.2 of 2024
To
The Registrar of Trade Marks Trade Marks Registry, Sampada Bhavan, Road, Guindy, 600 032
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OP(TM) No.2 of 2024
Dr.ANITA SUMANTH,J.
Sl
OP(TM) No.2 of 2024
23.04.2024
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1 issue framed by the court
Whether a rectification petition should be allowed on the admitted ground of non-use of the registered trademark.
1 provisions across 1 enactments
Cosmetic Warriors Limited Through its Constituted Power Agent Ms.Gabriela Maria Felix Francisco
Apex Laboratories Pvt. Ltd
The Registrar of Trade Marks
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
