Cosmetic Warriors Limited v. Apex Laboratories Pvt Ltd
2024:MHC:1840
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2024
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH 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
1. Apex Laboratories Pvt. Ltd SIDCO Garment Complex, 3rd Floor, Guindy, Chennai - 600032, Tamil Nadu
2. The Registrar of Trade Marks Trade Marks Registry, Bouddhik Sampada Bhavan, GST Road, Guindy, Chennai 600 032 .... 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 1/4
O R D E R
Read this order in conjunction with and in continuation of order dated 22.04.2024.
2. Today, learned counsel for the first respondent, on instructions, 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.
3. In light of the admitted position that the impugned trademark 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 2/4
To The Registrar of Trade Marks Trade Marks Registry, Sampada Bhavan, Road, Guindy, 600 032 3/4
Dr.ANITA SUMANTH,J.
Sl 23.04.2024 4/4