Good Buy Soaps And Cosmetics Pvt Ltd Represented By Its Managing Director v. Hibiscus Pharmaceuticals Pvt Ltd Represented By Its Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2025
CORAM
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY in C.S.No.65 of 2020 M/s.Good Buy Soaps & Cosmetics Private Ltd., Represented by its Managing Director, Mr.K.P.Khalid, 5/46 Industrial Development Area, Pudussery, Kanjikode West, Pin-678623, Palakkad District, Kerala ... Applicant ..Vs..
1.M/s. Hibiscus Pharmaceuticals Pvt Ltd., Represented by its Director, Mr.Srinivasan Ashalatha Old No.50/3, New No.26/3, Ground Floor, Elango Nagar, Main Road, Virugambakkam Chennai Pin 600 009.
2.The Registrar of Trademarks, Intellectual Property Buildings, GST Road, Guindy, Chennai 600 032.
... Respondents PRAYER: To direct the second respondent to transfer all the pleadings, evidence and documents pertaining to the Rectification Petition No.267545 to Trade Mark No.2857259 in Class 3 to this Court. 1/4
For Applicant : Mr.K.Balamurali For Mr.Shivakumar and Suresh For Respondents : Mr.R.Sathish Kumar For R1 Mr.A.R.Sakthivel, SPC for R2
ORDER
By this Application, the plaintiff seeks transfer of Rectification Petition No.267545 in respect of Trade Mark No.2857259 in Class 3 to the file of this Court.
2. Since a civil suit for infringement and passing off is pending on the file of this Court, it is in the interest of justice that the rectification application be transferred and heard along with the suit. This would also obviate the necessity to stay the suit until the disposal of the rectification petition.
3. Learned counsel for the respondent/defendant has no objection to this application being allowed.
2/4
4. Therefore, this application is allowed as prayed for and the Registrar of Trade Marks, Chennai is directed to transfer the papers relating to Rectification Petition No.267545 to the file of this Court on or before 26.06.2025. 05.06.2025 (1/2) ssi Index : Yes Internet : Yes 3/4
SENTHILKUMAR RAMAMOORTHY.J ssi 05.06.2025 4/4