Madras High CourtOP(TM)/33/2025disposed of

Aculife Healthcare Private Limited v. Auspharma Private Limited

2025-09-25Honourable Mr.Justice N.Senthilkumar14 pages

DATED: 25-09-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR OP(TM) No. 33 of 2025

1. Aculife Healthcare Private Limited Commerce House-V, Besides Vodafone House, Prahladnagar Corporate Road, Ahmedabad - 380 051 Petitioner (s) Vs

1. Auspharma Private Limited 10-3-316/A, Masab Tank, Hyderabad, Telangana - 500 028.

2.The Registrar Of Trade Marks Office Of The Trade Mark Registry, IP Office Building, G.S.T.Road, Guindy, Chennai 600 032.

Respondent(s) PRAYER To rectify the Trademarks Register by removing expunging, and/or cancelling the trademark of the 1 st Respondent that stands registered under No.5099661 in class 5. For Petitioner : Mr.S.Diwakar

For Respondent(s):

Mr.C.Balakrishnan for R1 Mr.G.Subramanian for R2

ORDER

Though this case is listed under the caption "For Reporting Settlement", the learned counsel for the petitioner submit that they entered into a Memorandum of Compromise between the petitioner and the first respondent. The said Memorandum of Compromise is duly attested by the petitioner and the first respondent and identified by the learned counsel for the petitioner as well as the learned counsel for the first respondent. The scanned copy of the said Memorandum of Compromise is as follows:

2. Accordingly, this OP stands disposed of in terms of Memorandum of

Compromise. The Memorandum of Compromise shall form part of this order. There shall be no order as to costs.

25-09-2025 kmi Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Auspharma Private Limited 10-3-316/a, Masab Tank, Hyderabad, Telangana - 500 028.

2.The Registrar Of Trade Marks Office Of The Trade Mark Registry, IP Office Building, G.S.T.Road, Guindy, Chennai 600 032

N.SENTHILKUMAR J.

kmi OP(TM) No. 33 of 2025 25-09-2025

OP(TM)No.33 of 2025 N.SENTHILKUMAR,J.

At the instance of the learned counsel for the petitioner, the matter is listed today under the caption "for being mentioned".

2. Learned counsel for the petitioner brought to the notice of this Court that there is a typographical error in the registered trade mark number mentioned in the Memorandum of Compromise entered into between the parties. The registered trade mark number should be read as 5099661 instead of 5099660 in clauses 1, 2(b) & 5 in the Memorandum of Compromise. Now it is rectified by the learned counsel for the petitioner and the scanned copy of the said Memorandum of Compromise dated 29.08.2025 is as follows:

N.SENTHILKUMAR,J.

3. The Registry is directed to carry out necessary correction in the order dated 25.09.2025 in OP(TM)No.33 of 2025. The rest of the order remains unaltered.

14.11.2025 kj To The Registrar of Trade Marks, Office of the Trade Marks Registry, IP Office Building, GST Road, Guindy, Chennai-600 032.

OP(TM)No.33 of 2025