← Library
Madras High Court(T)OP(TM)/389/2023withdrawn dismissed

Ganesh Grains Limited v. K.R.Nagendra And K.N.Shoba Trading As Shankar Industries

2023-09-22Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (ORA/103, 104/2020/TM/CHN) Ganesh Grains Limited 88, Burtolla Street, Kolkata - 700 007, West Bengal. ... Petitioner in both OP's -vs1.K.R.Nagendra and K.N.Shoba Trading as Shankar Industries Santhepet, Arsikere - 573 103, Hassan District, Karnataka.

... 1st Respondent in (T)OP(TM/389/2023 1.K.Naga Kumar, K.Sudha Rani, K.Nagaendra Prasad, K.Sukanya Trading as Sri Ganesh Industries #15, Taz Nagar, Near Vinayak Nagar, Kadapa - 516 001, A.P.

... 1st Respondent in (T)OP(TM/390/2023 2.The Registrar of Trade Marks, Trade Mark Registry, Intellectual Property Office Building, GST Road, Guindy, Chennai - 600 032.

... 2nd Respondent in both OP's 1/5

PRAYER in (T)OP(TM)/389/2023: Transfer Original Petition (Trade Marks) filed under Sections 57, 47(1)(a) and (b) of the Trademarks Act, 1999, praying to call for the records of proceedings from the Trade Mark Registry, pertaining to the registered Trade Mark No.460314 as filed by the Registered Proprietor and after examining the said records cancel and set aside the said trade mark registration and that an order directing the Trade Marks Registry be made by the Hon'ble Tribunal for cancellation of the registration of the mark under Registration No.460314 dated 17th September 1986 in the Register of Trade Marks standing in the name of the Registered Proprietor and directing the same to be expunged from the Register of Trade Marks.

PRAYER in (T)OP(TM)/390/2023: Transfer Original Petition (Trade Marks) filed under Sections 57, 47(1)(a) and (b) of the Trademarks Act, 1999, praying to call for the records of proceedings from the Trade Mark Registry, pertaining to the registered Trade Mark 2/5

No.2000889 as filed by the Registered Proprietor and after examining the said records cancel and set aside the said trade mark registration and that an order directing the Trade Marks Registry be made by the Hon'ble Tribunal for cancellation of the registration of the mark under Registration No.2000889 dated 29th July 2010 in the Register of Trade Marks standing in the name of the Registered Proprietor and directing the same to be expunged from the Register of Trade Marks. For Petitioner : Ms.G.Annapoorani in both OP's for M/s.Khaitan and Co LLP For Respondent 1 : Mr.A.Swaminathan in both OP's for M/s.L.R.Swami & Company For Respondent 2 : Mr.K.Subbu Ranga Bharathi, CGSC in both OP's ********** COMMON ORDER Learned counsel for the petitioner submits that she has been instructed to withdraw these petitions. She has made endorsements 3/5

for the said purpose.

2. By taking note of the same, (T)OP(TM)/389, 390/2023 are dismissed as withdrawn without any order as to costs. 22.09.2023 rna Index : Yes / No Internet : Yes / No SENTHILKUMAR RAMAMOORTHY,J 4/5

rna (ORA/103, 104/2020/TM/CHN) 22.09.2023 5/5