Trade mark cancellation petition settled amicably between the parties via a Memorandum of Settlement dated 28.10.2025; the court ordered the petition in terms of the settlement with no order as to costs.
OP(TM)No.37 of 2025 ordered in terms of Memorandum of Settlement dated 28.10.2025; no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2025
CORAM
THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR
OP(TM)No. 37 of 2025
On Clouds Gmbh Through its Constituted Attorney, Mr.Harshit Gupta, Forrlibuckstrasse 190, Zurich, Switzerland, Pin code : 8005 E-Mail - [email protected]
... Petitioner
-vs-
Trading as Divyashree Apparels, No.16, Balaji complex, 2nd floor, 2nd main road, N.R.colony, Bengaluru, Karnataka 560 019.
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Tamil Nadu-600 032. ... Respondents
Prayer : Original Petition (Trade Marks) is filed under Section 47 of the Trade Marks Act, 1999, to (i) allow the present petition (ii) cancel the impugned registration, namely Registration No.1488162 in Class 25 for the
word mark “CLOUDS” in the name of the Respondent No.1 and remove the
entry relating thereto together from the Register of Trade Marks and pass an
official order in this regard and (iii) award the costs of the proceedings to the
petitioner.
For Petitioner : Ms.T.S.Jayabharathi for Mr.M.S.Bharath For R1 : Ms. Deepa Anil Kumar (party-in-person) through VC For R2 : Mr.Ramprabu, CGSC ORDER
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The petitioner and the first respondent have settled the matter
amicably and filed a Memorandum of Settlement, dated 28.10.2025 to that
effect. The first respondent appeared through video-conference and has been duly identified by her learned counsel. The scanned copy of the said Memorandum of Settlement, dated 28.10.2025, is extracted hereunder:
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Memorandum of Settlement dated 28.10.2025, which shall form part of this order. In view of the settlement, there will be no order as to costs.
20.11.2025
Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kj To The Registrar of Trade Marks, Trade Marks Registry, Intellectual Property Office Building, GST Road, Guindy, Chennai, Tamil Nadu-600 032.
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N.SENTHILKUMAR,J.
Kj
OP(TM)No.37 of 2025
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20.11.2025
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1 provisions across 1 enactments
On Clouds Gmbh
Deepa Anil Kumar
The Registrar of Trade Marks
N. Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
