Prigya Arora v. Elizabeth Puthran

A.No.339 of 2023 in C.S.(Comm.Div.) No.219 of 2022 SENTHILKUMAR RAMAMOORTHY,J In a suit for infringement and passing off, the defendant has presented this application to expunge the Trade Marks of the plaintiff. In effect, the applicant / defendant seeks rectification of the Register of Trade Marks by way of an application in a pending suit. Such relief cannot be claimed by way of an application in a suit for infringement and should be requested for by filing a petition for rectification under the applicable provisions of the Trade Marks Act, 1999. The applicant / defendant has filed separate applications seeking leave to file a petition for rectification and for stay of the suit.

2. Consequently, A.No.339 of 2023 is dismissed without any order as to costs.

29.09.2023 (1/2) rna 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J rna A.No.339 of 2023 in C.S.(Comm.Div.) No.219 of 2022 29.09.2023 2/2 https://www.mhc.tn.gov.in/judis