Produits Petroliers Organisation S.A.S v. Narendra Kumar Gupta

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (ORA/12/2021/TM/CH) Produits Petroliers Organisation S.A.S.

A Company incorporated and existing in France, 44 rule de la Bienfaisance, 75008 PARIS, France.

...Petitioner

Vs.

1.Narendra Kumar Gupta, Proprietors M/s.Bhavani Auto Distributors, 64/5921, 92 TD Road, Kochi, Ernakulam - 682 035, Kerala.

2.The Registrar of Trademarks, Boudhik Sampada Bhavan, G.S.T. Road, Guindy, Chennai - 600 032.

...Respondents

Prayer: Transfer Original Petition (Trademarks) filed under Sections 47 and 57 of Trademark Act, 1999 praying that the registration Trademark No.4216523 in Class 4 for mark "KENNOL" be cancelled/removed as per the

provisions of Sections 47 and 57 of the Trade Marks Act, 1999 and the cost of these proceedings be awarded in favour of the applicant. For Petitioner :

Mr.B.Karthick for M/s.ASSWAL Associates For R2 :

Mr.S.Janarthanam Senior Panel Counsel

ORDER

Learned counsel for the petitioner has filed a memo stating that the impugned mark was deemed to be abandoned on account of the failure of the first respondent to file a counter statement in response to the notice of opposition of the petitioner. The status report indicating that the mark was abandoned is enclosed with the memo.

2. As a result of this development, this petition has been rendered infructuous. Consequently, (T)OP(TM) No.456 of 2023 is dismissed as infructuous without any order as to costs.

18.08.2023 Index:No Speaking order hvk

To The Registrar of Trademarks, Boudhik Sampada Bhavan, G.S.T. Road, Guindy, Chennai - 600 032.

SENTHILKUMAR RAMAMOORTHY,J.

hvk (ORA/12/2021/TM/CH) 18.08.2023