Yubico Ab v. The Registrar Or Trade Marks
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.M.P.No.2364 of 2025 in CMA(TM)SR.No.13762 of 2025 Yubico AB Gavlegatan 22, 113 30, Stockholm, Sweden.
... Petitioner -vs1. The Registrar of Trade Marks Office of the Trade Mark Registry, IP Office Building, GST Road, Guindy, Chennai 032.
2.Credavenue Private Limited, 12th floor, Prestige Polygon, No.471, Annasalai, Nandanam, Chennai-600 035.
... Respondents For Petitioner : Mr.S.Diwakar for Mr.Rajesh Ramanathan For Respondent 1 : Mr.K.Subbu Ranga Bharathi, CGSC For Respondent 2 : Ms.A.Saranya for Mrs.Elizabeth Seshadri 1/5
ORDER
By this petition, the petitioner seeks condonation of delay of 134 days in filing the appeal. In the affidavit in support of the petition, it is stated that the order was received on 30.05.2024 by e-mail. It is also stated that the petitioner is based in Sweden and that logistical issues were involved in co-ordinating with counsel.
2. The 2nd respondent has filed a counter to oppose this application. In the counter, it is stated that the petitioner had actively participated in opposition proceedings and that the petitioner has failed to substantiate the reasons for the significant delay of 134 days.
3. Two appeals arising out of the common order of the Registrar of Trademarks and filed by the 2nd respondent herein are pending adjudication. Those appeals were filed by the 2nd respondent herein with the delay of about 67 days and 15 days, respectively.
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4. In these circumstances, the reason set out in the affidavit in support of this petition constitutes sufficient cause to condone the delay.
5. Therefore, this petition is allowed by condoning the delay of 134 days in filing the appeal. As a corollary, the Registry is directed to number the appeal, if otherwise in order.
11.03.2025 kj (3/3) To The Registrar of Trade Marks Office of the Trade Mark Registry, IP Office Building, GST Road, Guindy, Chennai 032.
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SENTHILKUMAR RAMAMOORTHY,J kj C.M.P.No.2364 of 2025 in CMA(TM)/SR.13762 of 2025 11.03.2025 (3/3) 4/5
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