Future Gaming And Hotel Services Pvt. Ltd., v. India G6 Hospitality Ip Llc
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA and W.M.P.No.3694 of 2021 Future Gaming and Hotel Services Pvt. Ltd., (Formerly Hall Marc Hospitality Private Limited) 54, Mettupalayam Road, G.N. Post Coimbatore 641 029 ... Petitioner Vs.
1. India G6 Hospitality IP LLC 4001 International Parkway, Carroiton, Texas 75007, USA.
2. The Registrar of Trademarks Trademark Registry Boudhiksampada Bhawan G.S.T Road, Guindy Chennai 600 032 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari, calling for the records in order dated 15.12.2020 passed by the Honble Intellectual Property Appellate Board in ORA / 27 / 2020 / TM / CHN and quash the same.
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For Petitioner : Mr.A. Prabhakara Reddy for M/s APR Associates For Respondents : Mr. Ramesh Ganapathy for R1
ORDER
(Order of the Court was made by J.NISHA BANU, J.,) Challenging the order dated 15.12.2020 passed by the Intellectual Property Appellate Board, Chennai, in O.R.A/27/2020/TM/CHN, the petitioner has filed the present Writ Petition, whereby the petitioner's trademark was removed from the Register of Trademarks, which is registered under No.2750029 in class 43.
2.It is the case of the 1st respondent that they filed an ORA before the Intellectual Property Appellate Board, Chennai, (in short 'the Board') stating that their company is headquartered in Texas and is renowned for hospitality services since 1962.
3.The petitioner-Company herein filed an application for the trademark #6 under application No.2693964 in class 43. Upon hearing both sides, the Board vide the order impugned in this Writ Petition, removed the mark '6' from Page 2/5
the Register, on the ground that it is wrongly registered by the 2nd respondent herein and cancelled the same under the provisions of Section 47(1)(a) and (b) and Section 57 of the Trade Marks Act, 1999. Aggrieved by the cancellation, the petitioner has filed the present Writ Petition. 4.It is the specific contention of the learned counsel for the petitioner that the impugned order was passed without hearing the petitioner. Owing to Covid - 19 pandemic, he could not engage an Advocate. On 15.12.2020, the Intellectual Property Appellate Board, Chennai, passed an exparte order against the petitioner.
5.Heard both sides and perused the materials available on record. 6.The petitioner two petitions, seeking extension of time for filing counter statement and to set aside the exparte order dated 10.12.2020 and to reopen the main ORA on 18.12.2020. Without considering the said petitions, the Board passed the final order, by cancelling the trademark belonging to the petitioner herein.
7.Taking note of the facts and circumstances of this case, we are inclined Page 3/5
to set aside the order dated 15.12.2020. Accordingly, the impugned order dated 15.12.2020 is set aside. The petitioner is directed to present the matter before the appropriate Bench, dealing with Intellectual Property matters, for fresh consideration.
8.The Writ Petition stands allowed on the above terms. No costs. Consequently connected miscellaneous petition is closed. (J.N.B., J.) (N.M., J.) Index : Yes / No 15.09.2023 Internet : Yes / No Jer To The Registrar of Trademarks Trademark Registry Boudhiksampada Bhawan G.S.T Road, Guindy Chennai 600 032 Page 4/5
J. NISHA BANU, J.
and N.MALA, J.
Jer 15.09.2023 Page 5/5