Madras High Court(T)OP(TM)/85/2023disposed of in memo of compromise

K.P. Namboodiri'S Ayurvedics, v. M/S. Dr. S. Sajikumar

2023-11-21Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T) OP(TM)/85/2023 (ORA/122/2013/TM/CHN) M/s.K.P. Namboodiri's Ayurvedics, Represented by its Proprietor, Sri . K. Bhavadasan, No. 15, KPN's Complex, Shornur Road, Thrissur - 680022, Kerala.

... Petitioner -vs1.Dr. S. Sajikumar Valanchira, Post Puthiyavila, Kayamkulam - 690 531, Kerala State , India.

2.The Registrar of Trademarks, Trade Marks Registry, Chennai.

... Respondents PRAYER: Transfer Original Petition (Trademarks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying to call for 1/5

and examine the records of the said registered trade mark No.1914715 registered in class 05 registered in favour of the registered proprietor and to cancel the subject registration obtained unlawfully as also to direct the Registrar of Trade marks to rectify the said trade mark no. 1914715 registered in Class 05 in the Register by expunging all the entries relating to the said trade mark No. 1914715 registered in Class 05.

For Petitioner : Mr.A.Swaminathan for M/s.S.Balachandran, K.Rajasekaran For Respondent 1 : Mr.M.S.Bharath For Respondent 2 : Mr.A.R.Sakthivel, SPC **********

ORDER

The contesting parties have entered into a settlement and recorded the terms thereof in the Memorandum of Compromise 2/5

dated 31.10.2023. On perusal, the Memorandum of Compromise is signed by the petitioner and the first respondent, and by their respective counsel. As per the terms of settlement, the contesting parties have agreed to permit the trade marks of each other to coexist in the market. Consequently, the contesting parties have agreed to withdraw all proceedings initiated against each other, including this petition. I see no legal impediment to the disposal of this petition in terms thereof.

2. Accordingly, (T)OP(TM)/85/2023 is disposed of in accordance with the Memorandum of Compromise dated 31.10.2023, which shall form an integral part thereof. There shall be no order as to costs.

21.11.2023 rna Index : Yes / No Internet : Yes / No 3/5

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