Madras High Court(T)OP(TM)/434/2023dismissed as infructuous

Societe Des Produits Nestle S.A v. Nutrine Confectionery Company Ltd

2023-06-26Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)OP(TM)/434 of 2023 [ORA/38/2013/TM/CH] & (T)OP(TM)/435 of 2023 [ORA/172/2013/TM/CH] Societe Des Produits Nestle S.A.

1800, Vevey, Canton of Vaud, Switzerland.

.. Petitioner in both petitions -vs1.Nutrine Confectionery Company Ltd.

Pirojshanagar Eastern Express Highway Vikhroli (E) Mumbai-400 079 Also at:

No.14, Kengal Hanumanthaiah Road, Bangalore-560 027 2.The Registrar of Trade Marks Trade Marks Registry Intellectual Property Office Building G.S.T.Road, Guindy, Chennai-600 032.

3.Snacko Bisc Private Limited 1/4

having registered office at 74/A, R.K.Shanmuham Salai, K.K.Nagar, Chennai-600 078.

... Respondents in both petitions PRAYER in (T)OP(TM)/434 of 2023 : Original Petition in the matter of cancellation of Trade Mark Registration No.495407 (Nutrine) in Class 5 from the Register of Trade Marks under Section 9(1)(a) to (c), 47, 18(4) read with Section 57 of the Trade Marks Act, 1999 read with Rule 2 of the Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003, praying to direct the Respondent No.2 to cancel trade mark registration no.495407 (NUTRINE Deice) in class 5 in the name of Respondent No.3 may be allowed.

PRAYER in (T)OP(TM)/435 of 2023 : Original Petition in the matter of cancellation of Trade Mark Registration No.495408 (Nutrine) in Class 5 from the Register of Trade Marks under Section 9(1)(a) to (c), 47, 18(4) read with Section 57 of the Trade Marks Act, 1999 read with Rule 2 of the Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003, praying to direct the Respondent No.2 to cancel trade mark registration no.495408 (NUTRINE Deice) in class 5 in the name of Respondent No.3 may be allowed.

For Petitioner : Ms.Akansha Singh in both OPs for M/s.INTTL Advocare 2/4

COMMON ORDER On instructions, learned counsel for the petitioner submits that the Intellectual Property Appellate Board passed (IPAB) an order on 27.01.2020 rejecting the rectification petitions but granting leave to the petitioner to re-apply in case there is evidence of user by the first respondent herein. In view thereof, it is unnecessary to proceed further with these matters. Consequently, (T)OP(TM)/434 of 2023 and (T)OP(TM)/435 of 2023 are dismissed as infructuous without any order as to costs on terms indicated by the IPAB.

26.06.2023 kal Index : Yes / No 3/4

SENTHILKUMAR RAMAMOORTHY, J kal (T)OP(TM)/434 of 2023 [ORA/38/2013/TM/CH] & (T)OP(TM)/435 of 2023 [ORA/172/2013/TM/CH] 26.06.2023 4/4