Madras High Court(T)OP(TM)/505/2023closed

Ch.Yadagiri Trading As M/S. Srinivasa Saree House v. Starlet Projects Private Limited

2026-02-05Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH (T) O.P. (TM) No. 505 of 2023 CH.Yadagiri Trading as M/s. Srinivasa Saree House 1-9-9/2a, Ramnagar, Near E-Seva, Hyderabad 500005, Andhra Pradesh ..Petitioner(s) Vs

1. Starlet Projects Private Limited 1-8-32/38, Bapu Bagh Colony, Minister Road, Secunderabad 500003, Andhra Pradesh

2. The Registrar of Trade Marks Trade Mark Registry, Boudhik Sampada Bhawan, Anna Salai, Guindy Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai, Tamil Nadu 600032 ..Respondent(s) PRAYER: The Transferred Original Petition (Trade Marks) filed under the Trade Marks Act, 1999, praying that the entry relating to Trade Mark No.2358573 in Class 35 made in the name of respondent No.1 be ordered to be rectified and removed from the Register altogether.

For Petitioner(s):

Ms..P.V. Rajeswari For Respondent(s):

Mr.B.Karthik for R1 Mr.M. Karthikeyan For R2 - - - - -

ORDER

The present petition has been filed praying the entry relating to Trade Mark No.2358573 in Class 35, standing in the name of respondent No.1, be rectified and removed from the Register altogether.

2. On carefully going through the records, it is seen that this Court had earlier pointed out to the learned counsel for the petitioner that the trade mark Srinivasa stands in the name of a partnership firm called Srinivasa Saree House, in which, the petitioner is one of the partners. However, the rectification petition has been filed by the petitioner in his individual capacity. Therefore, the petitioner was directed to file an appropriate amendment application by impleading the partnership as the petitioner, failing which the petitioner cannot prosecute this petition in his individual capacity.

3. In spite of repeated opportunities granted to the petitioner, till date no steps have been taken to file the amendment petition.

4. In view of the above, the petitioner lacks locus standi to prosecute the rectification petition and accordingly, this petition stands closed. No costs. 05-02-2026 Asi To

1. Starlet Projects Private Limited 1-8-32/38, Bapu Bagh Colony, Minister Road, Secunderabad 500003, Andhra Pradesh

2. The Registrar of Trade Marks Trade Mark Registry, Boudhik Sampada Bhawan, Anna Salai, Guindy Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai, Tamil Nadu 600032

N.ANAND VENKATESH, J.

Asi (T) O.P. (TM) No. 505 of 2023 05-02-2026