M/S.Prestige Estate Projects Ltd v. Prestige Vacation Pvt Ltd

N THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.01.2024

CORAM

MR.JUSTICE N.SESHASAYEE WP(IPD)/5 to 22 /2023 WP(IPD) No.5 of 2023 M/s.Prestige Estates Projects Ltd # 19, Prestige Falcon Tower Brunton Road Bangalore 560 025 Rep. by its Senior Manager - Secretarial Mr.Lingraj Patra ... Petitioner Vs.

1.Prestige Vacations Pvt. Ltd V.T.N. Arihant Presidency Door No.139, 3rd Floor, North Usman Road T.Nagar, Chennai 600 017 Represented by its Managing Director Mr.Balakrishnan Devaraj Rajesh Dev 2.The Deputy Registrar of Trade Marks The Office of the Trademarks Registry Intellectual Property Office Building G.S.T. Road, Guindy, Chennai 600 032 ... Respondents 1/4

PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, to consider the petitioner's representation dated 08.09.2022 seeking to dismiss the rectification proceedings under rectification No.273899 in respect of trademark registration no.1342697 in class 36 filed by the 1st respondent. For Petitioner : Mr.Arun C. Mohan For Respondents : Mr.R.Sathish Kumar - R1 Mr.K.Subbu Ranga Bharathi CGSC - R2 COMMON ORDER The learned counsel for the writ petitioners place reliance on Section 125 of the Trademarks Act, 1999 and submitted that when once a suit for infringement of the trademark is laid and the validity of the registration of the trademark by the plaintiff is questioned, then any application for rectification under Section 57 of the Act shall be made only to the High Court.

2.The issue is not about the cause which has given the 1st respondent herein a right of action, but it is all about the forum where he can lay his petition 2/4

for rectification of Register under Section 57 of the Act. Now that these petitions have been filed before the Registrar of Trademarks, this Court does not consider it necessary to let the Registrar decide what this Court may term as a jurisdictional fact for it to take cognizance of such representation which the petitioner herein has taken out. Instead, this Court deems it appropriate to order transfer of all the rectification petitions filed by the petitioner in relation to which this batch of 18 writ petitions are filed, be transferred to the file of this Court.

3.In conclusion, these petitions are disposed of with a direction to the 2nd respondent to transfer all the 18 rectification petitions which the 1st respondent had filed against the petitioner herein (which are the subject matter of each of the writ petitions herein) be transferred to the file of this Court. There shall be no order as to costs.

29.01.2024 kas Index : Yes / No 3/4

N.SESHASAYEE, J.

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