The petition, originally transferred from the IPAB, was disposed of based on a joint compromise memorandum filed by the parties. The court recorded the compromise and disposed of the petition in its terms.
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) No.449 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.07.2024
CORAM:
THE HON`BLE MR.JUSTICE P.B.BALAJI
(T) OP (TM) No.449 of 2023 (ORA/32/2020/TM/CHN)
M/s.Babu Ram Om Prakash, Om Prakash Singhal, Sole Proprietor, Plot No.82-B, Bassa Pasra, Faridabad City – 121 002 (Haryana) India.
.. Petitioner
..Vs.
1.A.Manickavel Trading as M/s.Bharati Soap Works, 1st Line, Indira Gandhi Nagar, Guntur – 522 003, Andhra Pradesh India.
2.The Registrar of Trademarks, Boudhik Sampada Bhavan, GST Road, Guindy, Chennai – 600 032.
.. Respondents
Prayer : This Petition came to be numbered by transfer of ORA/32/2020/TM/CHN from the file of the Intellectual Property Appellate Board, Chennai to remove/rectification of Trade Mark No.502558 in Class 3.
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(T) OP (TM) No.449 of 2023
For Petitioner : Mr.Rahul M.Shankar for Indian Trade Marks Co. For Respondents For R1 : Mr.Arun C.Mohan For R2 : Mr.S.Janarthanam Senior Panel Central - Government Standing Counsel
ORDER
The learned counsel for the petitioner presented a Joint Memorandum
of Compromise entered into between the petitioner and the 1st respondent dated 25.06.2024 and it is signed by the proprietor/petitioner and the 1st respondent and also their respective learned counsel.
2.The parties are also present and they affirmed the execution of the
Joint Compromise Memorandum.
3.The said memo dated 25.06.2024 is taken on file.
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(T) OP (TM) No.449 of 2023
4.Recording the said memo, the Original Petition is disposed of in
terms of the Joint Compromise Memo. The said Joint Compromise Memo shall form part of the order. There shall be no order as to costs.
02.07.2024
Index : Yes/No Speaking/Non-speaking order ata
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(T) OP (TM) No.449 of 2023
P.B.BALAJI,J.
ata
To
The Registrar of Trademarks, Boudhik Sampada Bhavan, GST Road, Guindy, Chennai – 600 032.
(T) OP (TM) No.449 of 2023 (ORA/32/2020/TM/CHN)
02.07.2024
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M/s.Babu Ram Om Prakash, Om Prakash Singhal
A.Manickavel Trading as M/s.Bharati Soap Works
The Registrar of Trademarks
P.B.Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
