United Spirits Limited, v. Registar Of Trademarks,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (ORA/299/2013/TM/CH) M/s.United Spirits Limited, UB Tower, 24, Vittal Mallaya Road, Bangalore - 560 001.

...Petitioner

Vs.

1.The Registrar of Trade Marks, Office of Trade Marks Registry, GST Road, Guindy, Chennai - 600032.

2.M/s.Krishna Valley Vineyard Pvt. Ltd., No.304/2, Seetharam Industrial Estate, MES Ring Road, Jalahalli Village, Bangalore - 560 013, Karnataka.

...Respondents

Prayer: Transfer Original Petition (Trademarks) filed under Sections 11 and 57 of Trade Marks Act, 1999 praying to exercise its discretion in favour of the applicant and against the second respondent, remove/expunge/rectify the entry to registration No.1886824 in Class 33 and award costs in favour of the applicant.

For Petitioner :

Mr.Abishek Jenasenan For R1 :

Mr.K.Subbu Ranga Bharathi Central Government Standing Counsel

ORDER

Learned counsel for the petitioner has placed on record a deed of purchase and assignment of trade marks dated 14.01.2019 by which several marks were assigned to Grover Zampa Vineyards Limited. As a consequence, the petitioner is no longer an aggrieved person in respect of the mark impugned herein. In addition, learned counsel points out that the last registration of the impugned mark was valid up to 20.11.2019.

2. By taking note of these developments, (T)OP(TM) No.105 of 2023 is dismissed by leaving it open to the assignee to initiate rectification proceedings.

25.08.2023 Index:No Speaking order hvk

To The Registrar of Trade Marks, Office of Trade Marks Registry, GST Road, Guindy, Chennai - 600032.

SENTHILKUMAR RAMAMOORTHY,J.

hvk (ORA/299/2013/TM/CH) 25.08.2023