Madras High Court(T)OP(TM)/197/2023dismissed as infructuous

K.P.D. Rajendran v. G. Sundarapandian Trading As Kali Aerated Water Works Kumbakonam

2023-07-10Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

(T)OP(TM)/197, 198, 199/2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)OP(TM)/197, 198, 199/2023 (ORA/14, 15, 16/2016/TM/CH) K.P.D.Rajendran ... Petitioner in all OP's -vs1.Mr.G.Sundarapandian, trading as Kali Aerated Water Works Kumbakonam Super A-6, Industrial Estate, Guindy, Chennai 600 032.

... 1st Respondent in (T)OP(TM)/197/2023 1.Mr.K.P.D.Premkumar (HUF), trading as Kali Aerated Water Works No.11/77, Vivekanandar Street, Virudhunagar - 626 001. ... 1st Respondent in (T)OP(TM)/198, 199/2023 2.The Registrar of Trademarks, Trademark Registry, Guindy, Chennai 600 032.

... 2nd Respondent in all OP's COMMOM PRAYER: Transfer Original Petition (Trademarks) filed under Section 57 of the Trademarks Act 1999, pleased to remove the Trademark "SOLO, BOVONTO" vide Registration Nos.929435, 929437, 929438 respectively in Class No.32 in favour of the first respondent. 1/2 https://www.mhc.tn.gov.in/judis

(T)OP(TM)/197, 198, 199/2023 SENTHILKUMAR RAMAMOORTHY,J rna For Petitioner : No Appearance in all OP's For Respondent 1 : Mrs.S.Usha for Mr.R.Gopinath in all OP's For Respondent 2 : Mr.K.Subbu Ranga Bharathi, CGSC in all OP's ********** COMMON ORDER After entering appearance at the hearing on 01.06.2023, learned counsel for the petitioner was not present at the hearing on 03.07.2023. In order to provide a further opportunity, the case was adjourned. Once again at the hearing today, learned counsel for the petitioner is not present. Learned counsel for the first respondent submits that Trademark Registration Nos.929435, 929437 and 929438, which were impugned in (T)OP(TM)/197 to 199/2023 were not renewed.

2. In view of such non renewal, the above mentioned petitions have been rendered infructuous. Consequently, (T)OP(TM)/197 to 199/2023 are dismissed as infructuous without any order as to costs. 10.07.2023 rna Index : Yes / No Internet : Yes / No (T)OP(TM)/197, 198, 199/2023 (ORA/14, 15, 16/2016/TM/CH) 2/2 https://www.mhc.tn.gov.in/judis