Madras High Court(T)CMA(TM)/23/2023dismissed as infructuous

Nitinkumar Rasiklal Shah Sole Proprietor Of Unison Pharmaceuticals v. M/S. Sol Health Pharmacy Ltd.,

2023-09-26Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T) CMA(TM)/23/2023 (OA/26/2012/TM/CHN) Nitinkumar Rasiklal Shah, Sole Proprietor of Unison Pharmaceuticals, 5222, GIDC, Estate, Phase IV, Vatva, Ahmedabad - 382 445.

...Appellant -vs1.M/s.Sol Health Pharmacy Ltd., Amrutha Mall, Block 15, 3rd Floor, Begumpet, Hyderabad - 500 016.

2.The Registrar of Trade Marks, Having its office at Trade Marks Registry Branch, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.

...Respondents

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PRAYER: Transfer Civil Miscellaneous Appeal (Trademarks) filed under Section 91 of the Trade Marks Act, 1999, praying to (i)allow this appeal (ii)quash and set aside the order dated 28th May, 2012 dismissing the Opposition No.MAS-61275 and allowing the Application No.801643 in Class 5 for registration.

For Appellant : Mr.Ramesh Ganapathy for M/s.R.R.Shah and Co.

For R1 : No appearance For R2 : Mr.M.Karthikeyan, Senior Panel Counsel

JUDGMENT

Learned counsel for the appellant has placed on record the status of registration of Trade Mark No.801643. The document indicates that the last registration was valid up to 12.05.2008. Learned counsel has also placed on record a document generated from the Ministry of Corporate Affairs website, which indicates that no match was found for the name Sol Health Pharmacy Limited.

2. Since the last registration was valid up to 12.05.2008, this petition has been rendered infructuous. By taking note of these developments, 2/4

(T)CMA(TM) No.23 of 2023 is dismissed as infructuous by leaving it open to the appellant to take necessary steps to remove the impugned mark from the Register of Trade Marks.

26.09.2023 Index:Yes Speaking Order hvk To The Registrar of Trade Marks, Having its office at Trade Marks Registry Branch, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.

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SENTHILKUMAR RAMAMOORTHY,J.

hvk (T) CMA(TM)/23/2023 (OA/26/2012/TM/CHN) 26.09.2023 4/4