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Madras High Court(T)OP(TM)/303/2023closed

Kuber Tobacco Products Pvt. Ltd v. Sangeeta Jaiswal Trading As Shri Kube Exports

2024-01-18Honourable Mr Justice N. Seshasayee5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2024

CORAM

MR.JUSTICE N.SESHASAYEE Kuber Tobacco Products Pvt. Ltd.

KhasraNo.7723, Nawab Road Sadar Thana Road Delhi 110006 ... Petitioner in both OPs Vs.

1.Sangeeta Jaiswal Trading as Shri Kuber Exports 90/1, Mill Road, Gandhipuram 1st Street, Erode - 63 2.The Registrar of Trademarks Bondhik Sampada Bhawan G.S.T.Road, Guindy Chennai 600 032 ... Respondents in both OPs COMMON PRAYER: Transfer Original Petitions (Trademarks) filed under Sections 47, 57 and 125 of the Trademarks Act, 1999, to rectify the registered Trade Mark Nos.3207838 and 3207840 in class 30. 1/5

For Petitioner : Mr.R.Sathish Kumar For Respondent 1 : M/s.B.Karthik For Respondent 2 : M/s.K.Subbu Ranga Bharathi COMMON ORDER These petitions were taken out for cancellation of two registered trademarks of the 1st respondent. Now, this matter is amicably settled between the parties, and as per the terms agreed upon between the parties, the 1st respondent would have the two trademarks registered in its name cancelled, for which purpose the 1st respondent has taken out separate applications before the Registrar of the trademarks. A common memo filed by the 1st respondent, vis-a-vis the stated intent in the aforesaid two cases, is also presented before this Court along with the copies of the two application for the cancellation of the trademarks before the 2nd respondent. 2.The said statement accompanied by the common memo is hereby 2/5

recorded.

3.In view of the same, nothing survives for consideration and the above petitions are closed.

4.The 2nd respondent is required to act on the two applications for cancellation of trademarks filed by the 1st respondent now pending his consideration as expeditiously as possible, at any rate, not later than four (4) weeks from the date of receipt of a copy of this order. 18.01.2024 kas Index : Yes / No 3/5

N.SESHASAYEE, J.

kas 4/5

18.01.2024 5/5