Madras High Court(T)OP(TM)/281/2023closed

Rajam Industries Private Limited v. Lakshmi Industries,

2023-07-11Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

(T)OP(TM)/281/2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)OP(TM)/281/2023 (ORA/37/2018/TM/CH) Rajam Industries Private Limited, 2/146, Mount Poonamallee Road, Kattupakkam, Chennai 600 056.

... Petitioner -vs1.Lakshmi Industries, No.512, Chennai Bye Pass Road, Pappanpattu Village, Near: Toolgate Payanapuram Post, Vikravandi (Taluk), Villupuram District - 605 652. 2.Registrar of Trademarks, Office of the Trademarks Registry, GST Road, Guindy, Chennai 600 032.

... Respondents PRAYER: Transfer Original Petition (Trademarks) filed under Sections 9, 11, 18 and 57 of Trademarks Act, 1999, pleased to rectify the register by removing, expunging, modifying or cancelling the first respondent's registration in respect of the trademark registered under no.3461998 in class-3.

For Petitioner : Mr.S.Diwakar for M/s.Factum Law For Respondent 1 : Mr.K.K.Senthil Senior Advocate, for M/s.Gnanadesikan Law Associates 1/2 https://www.mhc.tn.gov.in/judis

(T)OP(TM)/281/2023 SENTHILKUMAR RAMAMOORTHY,J rna For Respondent 2 : Mr.K.Subbu Ranga Bharathi, CGSC **********

ORDER

Learned senior counsel for the petitioner has placed on record a communication dated 10.07.2023 from the first respondent to the Trademark Office. By such communication, the first respondent has requested the Trade Marks Registry to take action to cancel the Trademark Registration under No.3461998 in class 3. Learned counsel for the petitioner submits that the request for cancellation should be made in the prescribed form and not by way of a letter to the Trade Marks Registry. On instructions, learned senior counsel for the petitioner submits that all necessary steps for cancellation would be undertaken by the first respondent.

2. By taking note of and recording the aforesaid, (T)OP(TM)/281/2023 is closed.

11.07.2023 (1/2) rna Index : Yes / No Internet : Yes / No (T)OP(TM)/281/2023 (ORA/37/2018/TM/CH) 2/2 https://www.mhc.tn.gov.in/judis