Centaur Pharmaceuticals Private Limited v. Sai Mirra Innopharm Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (ORA/84/2011/TM/CHN) Centaur Pharmaceuticals Private Limited Centaur House, Shantinagar, Vakola Santacruz (East), Mumbai 400 055 Maharashtra, India.

... Petitioner -vs1. Sai Mirra Innopharm Private Limited No.124, Lattice Bridge Road Adyar, Chennai-600 020.

2. The Registrar of Trade Marks Trade Marks Registry Bhoudhik Sampada Bhavan Near Antop Hill Head Post Office S.M.Road, Antop Hill Mumbai-400 037.

... Respondents PRAYER: Transfer Original Petition (Trade Marks) filed under Sections 47, 57 and 125 of the Trade Marks Act, 1999, praying to the 1/4

Hon'ble Court that the registration of the impugned mark with Trade Mark No.1409666 in Class 05 be rectified/removed from the Register of Trademarks.

For Petitioner : No appearance For R1 : No appearance For R2 : Mr.Rajesh Vivekanandhan, DSG

ORDER

The bailiff's report records that notice was served on the petitioner on 11.09.2023. At the hearing on 25.09.2023, Ms.Nidhi Bangera, learned counsel, appeared on behalf of the petitioner and submitted that the contesting parties had recorded a settlement in connected civil proceedings. She further submitted that the registration of the impugned trade mark was not renewed by the 1st respondent. In those circumstances, learned counsel for the Registrar of Trade Marks was directed to ascertain and report on the status of registration of the impugned trade mark. In compliance, the status of 2/4

registration was placed on record. The document indicates that the last registration was valid up to 28.12.2015. Since the long stop date for renewal has long expired, this petition has been rendered infructuous. Consequently, (T)OP(TM)/420/2023 is dismissed as infructuous, without any order as to costs.

10.11.2023 kj Index : Yes / No Internet : Yes / No 3/4

SENTHILKUMAR RAMAMOORTHY,J.

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