Madras High Court(T)OP(TM)/314/2023allowed in terms of compromise

R.Nagarajan @ K.R.Nagarajan v. S.Ravichandran

2023-12-12Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T) OP(TM)/314/2023 (ORA/32/2019/TM/CHN) R.Nagarajan @ K.R.Nagarajan ... Petitioner -vs1.S.Ravichandran 2.The Registrar of Trade Marks Trade Marks Registry, Chennai.

... Respondents PRAYER: Transfer Original Petition (Trademarks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying to call for and examine the records of the said registered Trade Mark No.3102490 in Class 25 registered proprietor and to cancel the said registration and to direct the Registrar of Trade Marks to rectify the said Trade Mark No.3102490 in Class 25 in the Register by expunging all the entries relating to the said Trade Mark No.3102490. 1/4

For Petitioner : Mr.A.Swaminathan For Respondent 1 : Mr.S.Ramachandran For Respondent 2 : Mr.K.Subbu Ranga Bharathi, CGSC **********

ORDER

The petition was filed to rectify the Register of Trade Marks by removing the entry relating to Trade Mark No.3102490 from the register and to cancel the certificate of registration relating thereto.

2. By joint memorandum of compromise dated 30.11.2023, the parties agreed inter alia as under:

"4. That the Defendants agreed to withdraw and cancel their registered Trademark RAVIRAM'S under No.3102490 under Class 25 and no objection to allow the Rectification Petition filed by the 2nd Plaintiff in (T) OP (TM) 314 of 2023 against the 2nd Defendant, which is pending before this Hon'ble Court and also 2/4

undertake not to file any such applications for any similar Trademarks/Tradedress as that of the Plaintiffs at any time in future."

3. In view of the above agreement, (T)OP(TM)/314/2023 is allowed by directing the Registrar of Trade Marks to remove the entry relating to Trade Mark No.3102490 in Class 25 from the Register of Trade Marks and to cancel the certificate of registration relating thereto. These actions shall be completed within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

12.12.2023 rna Index : Yes / No Internet : Yes / No 3/4

SENTHILKUMAR RAMAMOORTHY,J rna (T)OP(TM)/314/2023 (ORA/32/2019/TM/CHN) 12.12.2023 4/4