Madras High Court(T)OP(TM)/172/2023dismissed for nonprosecution

Jupiter Drugs Rep By Mr. C.P. Kuriakose v. M. Sarojini, Proprietrix, M/S. Mehcec Labs,

2023-10-11Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T) OP(TM)/172/2023 (ORA/129/2015/TM/CHN) M/s.Jupiter Drugs, Partnership concern represented by its Managing Partner Mr.C.P.Kuriakose, No.12/66, Main Road, Irinjalakuda - 680 121, Thrissur, Kerala.

... Petitioner -vs1.Mrs.M.Sarojini, Proprietrix, Ms.Mehcec Labs, #.200, M.E.I.Colony, Peenya Third Phase, Bangalore - 560 009.

2.The Deputy Registrar of Trade Marks, Trade Marks Registry, IP Building, GST Road, Guindy, Chennai 600 032.

... Respondents PRAYER: Transfer Original Petition (Trademarks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying that the registered label Trade Mark "ZIPROVIT" with Trade Mark 1/4

No.2100182 in Class 30 in the name of Mrs.M.Sarojini be expunged or removed or limited to the State of Karnataka. For Petitioner : No Appearance For Respondent 1 : Mr.Arun C.Mohan for M/s.Harikrishna Holla For Respondent 2 : Mr.M.Karthikeyan, SPC **********

ORDER

At the hearing on 04.10.2023, learned counsel for the second respondent was directed to verify whether any change of address was communicated by the petitioner to the Trade Marks Registry in relation to the trade mark ZIPROVIT under Trade Mark No.1631278.

2. At the hearing today, learned counsel for the second respondent has placed on record the current status of registration of the trade mark ZIPROVIT. From the document, it is evident that the last registration was valid up to 14.12.2017. As such, it appears that the petitioner may no longer be a person aggrieved. In any event, in 2/4

the absence of an alternative address for service of notice on the petitioner, it is not possible to proceed any further with this petition.

3. Consequently, (T)OP(TM)/172/2023 is dismissed for nonprosecution without any order as to costs. 11.10.2023 rna Index : Yes / No Internet : Yes / No 3/4

SENTHILKUMAR RAMAMOORTHY,J rna (T)OP(TM)/172/2023 (ORA/129/2015/TM/CHN) 11.10.2023 4/4