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Madras High Court(T)OP(TM)/189/2023dismissed as infructuous

Group Seb India Pvt Ltd ( Formerly Known As Maharaja Whiteline Industries Pvt Ltd.) v. Sumit Bafna Trading As B And J Marketing,

2023-06-16Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

D A T E D : 16.06.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY ORA/273/2015/TM/CH Groupe SEB India Private Limited (formerly known as Maharaja Whiteline Industries Pvt. Ltd.) A-25, 1st Floor Mohan Co-operative Industrial Area, New Delhi - 110 044.

... Petitioner vs.

1. Sumit Bafna trading as: B & J Marketing, No.1, Pallipan Street, 1s Street, Sowcarpet, Chennai-600 079.

2. The Registrar of Trade Marks Registry, Trade Marks Registry, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600 032 ... Respondents PRAYER: Petition for removal of Trade Mark from the Register or Rectification of the Register under Sections 47 and 57 read with other provisions of the Trade Marks Act, 1999, prays that (a) the instant cancellation be allowed; (b) the entry in the Register in respect of the impugned mark MAHARAJA WHITELINE under registration No.921351 in Class 1 in the name of Sumit Bafna trading as B&J Marketing be removed from the Register of Trade Marks; © the cost of the proceedings be awarded to the Petitioner; (d) any other or further relief as the Hon'ble Court may deem fit and appropriate be granted to the Petitioner in the circumstances of the case and in the interest of justice. 1/4

SENTHILKUMAR RAMAMOORTHY, J kal For Petitioner : Mr.Muthuselvam for M/s.K and S Partners

ORDER

Learned counsel for the petitioner submits that the impugned trademark No.921351 expired on 28.04.2020. In view thereof, this petition has been rendered infructuous.

2. By taking note of the above, (T)OP(TM) No.189 of 2023 is dismissed as infructuous without any order as to costs. 16.06.2023 Index : Yes/No ORA/273/2015/TM/CH 2/4

SENTHILKUMAR RAMAMOORTHY, J kal (T)OP(TM)162/2023 ORA/297/2014/TM/CH 3/4

15.06.2023 4/4