Aquapump Industries Vs Bolem Omkaar — Madras HC (2026) — LawSathi Research

Aquapump Industries Vs Bolem Omkaar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed in terms of the Memorandum of Compromise dated 17.09.2025 (memo made part of the order); Registrar of Trade Marks directed to cancel registration of Trade Mark OMKAAR TECSMO (DEVICE) No. 6056029 dated 08.08.2023 in Class 7; no costs; connected (TM) A. No.62 of 2025 closed.

Issue for consideration

Whether the registration of the Trade Mark OMKAAR TECSMO (DEVICE) under No. 6056029 dated 08.08.2023 in Class 7 standing in the name of the 1st respondent should be rectified/cancelled.

Court's answer

The Original Petition is allowed in terms of the Memorandum of Compromise dated 17.09.2025, and the Memorandum of Compromise forms part of the order.

Ratio / Principle

A consequential direction is issued to the 2nd respondent (Registrar of Trade Marks) to cancel the registration of the Trade Mark OMKAAR TECSMO (DEVICE) under No. 6056029 dated 08.08.2023 in Class 7 standing in the name of the 1st respondent.

Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh, J.) allowed O.P. (TM) No. 4 of 2025 by consent. Aquapump Industries and Aquasub Engineering had petitioned under Sections 47 and 57 of the Trade Marks Act, 1999 for rectification/cancellation of the Trade Mark OMKAAR TECSMO (DEVICE), Registration No. 6056029 dated 08.08.2023 in Class 7, standing in the name of the first respondent, Bolem Omkaar. The parties filed a Memorandum of Compromise dated 17.09.2025 under which the first respondent acknowledged the petitioners as proprietors of the marks TEXMO, AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP, AQUAPUMP INDUSTRIES and AQUAGROUP; undertook not to adopt or use OMKAAR TECSMO or any deceptively/confusingly similar mark; undertook not to file future trade mark applications for such marks; undertook to withdraw Registration No. 6056029; and agreed not to challenge the petitioners' rights over those marks, with each side bearing its own costs. Allowing the petition in terms of the compromise and directing the Registrar of Trade Marks to cancel the registration, the Court closed the connected (TM) A. No.62 of 2025 with no costs.

OP(TM) No. 4 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

O.P. (TM) No. 4 of 2025 and (TM) A. No.62 of 2025

Aquapump Industries Tudiyalur Post, Coimbatore 641034 Rep by its Managing Partner Mr.Ramaswamy Kumaravelu

Aquasub Engineering Tudiyalur Post, Coimbatore 641034 Rep by its Managing Partner Mr. Ramaswamy Kumaravelu

..Petitioner(s)

Vs

Bolem Omkaar 6-71, Ganeshnagar, Lakshmi Puram, Vepagunta, Pendurthi, Visakhapatnam, Andra Pradesh 530047.

The Registrar of Trade Marks Office of the Trade Mark Registry, Intellectual Property Building, GST Road, Guindy, Chennai 600032

..Respondent(s)

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OP(TM) No. 4 of 2025

PRAYER: The Original Petition (Trade Mark) is filed under Sections 47 and 57 of the Trade Marks Act, 1999, to rectify/cancel the registration of the Trade Mark OMKAAR TECSMO (DEVICE) under No. 6056029 dated 08.08.2023 in Class 7 in the name of the 1^st respondent granted by the 2^nd respondent.

For Petitioner(s): Ms. Gladys Daniel For Respondent(s): M/s.C.K.M.Appaji for R1 Mr.J. Madanagopal Rao SPCGSC for R2

ORDER

This petition has been filed to rectify/cancel the registration of the Trade Mark OMKAAR TECSMO (DEVICE) under No. 6056029 dated 08.08.2023 in Class 7 standing in the name of the 1^st respondent, granted by the 2^nd respondent.

The parties have entered into a compromise, and a Memorandum of Compromise has been filed before this Court. The same has been signed by the parties as well as their respective counsel. The first respondent was also present at the time of hearing through video-conferencing mode and confirmed the fact that he has signed the Memorandum of Compromise and that the parties have entered into the compromise. A copy of the Aadhaar Card has also been placed before this Court.

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OP(TM) No. 4 of 2025

The relevant clauses in the Memorandum of Compromise are extracted

hereunder:-

a) The 1^st RESPONDENT acknowledges and admits that PETITIONERS are the proprietors of the trademarks TEXMO, AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP, AQUAPUMP INDUSTRIES & AQUAGROUP.

b) The 1^st RESPONDENT hereby agrees and undertakes not to adopt or use the Trademark OMKAAR TECSMO or any other mark deceptively / confusingly similar to the PETITIONERS Trade Mark TEXMO with respect to any products or services.

c) The 1^st RESPONDENT hereby agrees and undertakes not to file any Trademark Applications, now or in future for the mark OMKAAR TECSMO or any other mark deceptively / confusingly similar to TEXMO in any classes of goods or services.

d) The 1^st RESPONDENT undertakes to withdraw their Trade Mark having Registration No. 6056029 for mark OMKAAR TECSMO in class 07 that is filed before the Trade Marks Registry.

e) The 1^st RESPONDENT shall not, now or in future, challenge the rights over PETITIONERS trademarks TEXMO, AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP, AQUAPUMP INDUSTRIES & AQUAGROUP and any other mark containing TEXMO and AQUATEX.

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OP(TM) No. 4 of 2025

f) The PETITIONERS and the 1^st RESPONDENT shall bear their own costs.

g) In view of the above settlement, the 2^nd RESPONDENT shall be given up.

In view of the above, this Original Petition is allowed in terms of the Memorandum of Compromise dated 17.09.2025, and the Memorandum of Compromise shall form part of the order. Consequently, there shall be a direction to the 2^nd respondent to cancel the registration of the Trade Mark OMKAAR TECSMO (DEVICE) under No. 6056029 dated 08.08.2023 in Class 7, standing in the name of the 1^st respondent. No costs. The connected application is also closed.

05-02-2026

Asi

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OP(TM) No. 4 of 2025

To

Bolem Omkaar 6-71, Ganeshnagar, Lakshmi Puram, Vepagunta, Pendurthi, Visakhapatnam, Andra Pradesh 530047.

The Registrar of Trade Marks Office of the Trade Mark Registry, Intellectual Property Building, GST Road, Guindy, Chennai 600032

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OP(TM) No. 4 of 2025

N.ANAND VENKATESH, J.

Asi

O.P. (TM) No. 4 of 2025 and (TM) A. No.62 of 2025

05-02-2026

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