M/S. V. Lakshminarayanasamy, v. M/S. Siva Bhaskaren
2024:MHC:1792
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2024
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
1. V.Lakshminarayanasamy
2. Suguna Lakshminarayanasamy .... Petitioners Vs
1. Siva Bhaskaren
2. The Deputy Registrar, Trademark Registry, Chennai.
.... Respondents Prayer: This Petition came to be numbered by transfer of O.R.A.SR.No.392/2012/TM/CH from the file of the Intellectual Property Appellate Board, Chennai praying this Court to allow the original rectification application and the Trademark registration No.1191299 in class 11 for the goods of pressure cookers, ceiling and table fans, iron box, LPG stove being goods in class 11, registered in the name of Siva Bhaskaren, the first respondent herein may be removed/expunged/revoked/cancelled as the case may be and the Register of Trademarks rectified accordingly. 1/4
For Petitioner : Mr.G.K.Muthukumar for M/s.GMS Law Associates For Respondents : Ms.V.Jayavigneswari - R1 No appearance - R2
O R D E R
Heard Mr.G.K.Muthukumar, learned counsel for the petitioner and Ms.V.Jayavigneswari, learned counsel for R1. A screen shot dated 15.04.2024 of the official portal of the Trademark Registry reveals that the validity of the trademark bearing No.1191299 dated 10.04.2003 is for a period of ten years, i.e., till 10.04.2023. There has been no move to renew the same thereafter. Hence the status as on date is that the trademark stands removed on account of non-filing of renewal request.
2. Mr.Muthukumar refers, in this regard, to the provisions of Section 25(3) of the Trademarks Act, 1999 read with Rule 57 of the Trademarks Rules, 2017. In all, he submits that the present matter has been rendered infructuous.
3. In addition, he would also state that he has no instructions in regard to the filing of affidavit of admission/denial, for which purpose, final opportunity was given on 02.04.2024.
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4. Recording the above position, this Original Petition is closed. No costs.
16.04.2024 Sl Index:Yes/No Speaking order To The Deputy Registrar, Trademark Registry, Chennai.
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Dr.ANITA SUMANTH,J.
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