Ceat Limited v. Amjad Khan Trading As Bharat Traders

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (ORA/18/2020/TM/CH) Ceat Limited RPG House, 463, Dr.Annie Besant Road, Worli, Mumbai 400030.

... Petitioner -vs1.Amjad Khan trading as Bharat Traders having its office at No.143, Nawab Hyder Ali Khan Road, Kalasipalayam, Bangalore 560002.

2.The Deputy Registrar of Trade Marks The Trade Marks Registry, IPR Building, Industrial Estate, Near Eagle Flask Factory, GST Road, Guindy, Chennai 600032. ... Respondents PRAYER: Transfer Original Petitions (Trademarks) filed under Sections 47, 57, 125 of the Trademarks Act, 1999, prays that the registered trade mark No.3871567 in class 12 for the mark CEART be cancelled/expunged/removed from the register of trade marks. 1/4

For Petitioner : Ms.Parveen Anand for M/s.Arjun T.Bhagat and Co.

For Respondent 1 : Mr.S.Girissh For Respondent 2 : Mr.J.Madanagopal Rao **********

ORDER

At the hearing on 30.06.2023, learned counsel for the petitioner submitted that a settlement was reached in the connected civil suit and that the first respondent had agreed to take necessary steps for the cancellation of the registration of the impugned mark. After obtaining instructions, learned counsel for the first respondent submits that the first respondent has filed an application for cancellation of Trademark No.3871567.

2. In view of these developments, no adjudication is necessary. Instead, the second respondent is directed to take necessary steps for the removal of Trademark No.3871567 from the register of trademarks. This exercise shall be completed within a period of four 2/4

weeks from the date of receipt of a copy of this order. Hence, (T)OP(TM)/343/2023 is disposed of on the above terms without any order as to costs.

28.07.2023 rna Index : Yes / No Internet : Yes / No SENTHILKUMAR RAMAMOORTHY,J 3/4

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