Ykk Corporation v. Kalpesh Kumar Gowanl And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY YKK Corporation 1, Kanda Izumi-Cho, Chiyoda-ku, Tokyo 101-8642, Japan Represented herein by its Power of Attorney Holder Mr. Birendra Patra, Having address at 123A, Third Floor, Savitri Nagar, New Delhi - 110017. ... Petitioner -vs1. Kalpesh Kumar Gowanl 11-40-17, Puli Pati Vari Street, Vijayawada Krishna - 520001 Andra Pradesh.

2.Registrar of Trade Marks, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600 032.

... Respondents PRAYER: Original Petition (Trademarks) filed under Sections 47 & 57 of the Trade Marks Act, 1999, to remove from the Register of Trade Marks entry in respect of the registration No.5755424 in Class 26 for the mark '4 KK' in the name of Kalpesh Kumar Gowanl of 11-40-17, Puli Pati Vari Street, Vijayawada Krishna - 520001, Andhra Pradesh and to direct the Respondents to pay the cost of the proceedings. 1/4

For Petitioner : Mr.Abishek Jenasenan For R1 : Mr.Manoj Kumar For R2 : Mr.Rajesh Vivekananthan, DSG

ORDER

On the ground that the petitioner is the registered proprietor of the trade mark 'YKK' and its variants in relation to the fastening products business and architectural products business, the petitioner had applied for expunging the entry relating to the trade mark '4 KK'.

2. At today's hearing, learned counsel for the contesting respondent submits that application dated 05.05.2025 was filed before the Registrar of Trade Marks for the cancellation of the entry.

3. In view of these developments, O.P.(TM)No.22 of 2025 is disposed of by directing the Registrar of Trade Marks to cancel the entry relating to Trade Mark No.5755424 in Class 26 of the mark '4 KK'. This exercise shall be completed within 30 days from the date of receipt of a copy of this order. 2/4

There shall be no order as to costs.

01.07.2025 kj To The Registrar of Trademarks, Intellectual Property Office Building, GST Road, Guindy, Chennai-600 032.

SENTHILKUMAR RAMAMOORTHY,J kj 3/4

OP(TM) No. 22 of 2025 01.07.2025 4/4