Sharp Kabushiki Kaisha v. Sharp Tools,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T) CMA(TM)/27/2023 (OA/15/2013/TM/CH) Sharp Kabushiki Kaisha (Sharp Corporation) 22-22, Nagaike-Cho, Abeno-Ku, Osaka, Japan.
... Appellant -vs1.Sharp Tools, 9/10, Sita Road, Sharp Nagar, Kalappatti, Coimbatore - 641035.
2.The Deputy Registrar of Trade Marks Office of the Trade Marks Registry, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.
... Respondents PRAYER: Transfer Civil Miscellaneous Appeal (Trademarks) filed under Sections 91(1) of the Trademarks Act, 1999, praying to Set aside/quash the order dated 5th September 2012 of the Learned Deputy Registrar of Trade Marks, Chennai dismissing opposition MAS-719149 and allowing Application No.1185252 in class 7 to 1/4
proceed for registration and allow the appellant's opposition No.MAS-719149 and reject the 1st respondent's Application No.1185252 in class 7 for registration of the mark SHARP. For Appellant : Mr.Arun C.Mohan for M/s.A.A.Mohan For Respondent 1 : Mr.R.Sathish Kumar For Respondent 2 : Mr.M.Karthikeyan, SPC **********
JUDGMENT
Learned counsel for the first respondent has placed before me the status of Trademark No.1185252, which was registered in class 7. The status report discloses that the last registration was valid only up to 24.03.2013. Since the appellant assails an order by which its opposition to the registration of the mark was rejected, the appeal has been rendered infructuous by the non renewal of registration of the impugned mark.
2.
By taking note of these developments, (T)CMA(TM)/27/2023 is dismissed as infructuous without any order 2/4
as to costs.
01.09.2023 rna/rjr Index : Yes / No Speaking Order (or) Non-Speaking Order To The Deputy Registrar of Trade Marks Office of the Trade Marks Registry, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.
SENTHILKUMAR RAMAMOORTHY, J.
rna/rjr 3/4
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