M/S. Padmavati Pipes And Fittings Inc. v. C.Vijay Kumar Trading As M/S. Arihant Hardware

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T) OP(TM)/516/2023 (ORA/SR.92/2017/TM/CHN) M/s.Padmavati Pipes & Fittings Inc.

Plot No.46, 47 & 48, Khasra No.31, 33 & 34 Shiv Ganga Indl. Area, Village Lakeshwari, Bhagwanpur, Roorkee, Haridwar - 247 661 (Uttarakhand) ... Petitioner -vs1.C.Vijay Kumar, M/s.Arihant Hardware Bangalore Road, Challakere - 577 522, Karnataka.

2.The Registrar, Trade Marks Registry, Intellectual Property Office Building, GST Road, Guindy, Chennai 600 032. ... Respondents PRAYER: Transfer Original Petition (Trade Marks) filed under Sections 47, 57, 125 of the Trade Marks Act, 1999, praying to remove / rectify / expunge the entry pertaining to impugned trade mark 1/4

PADMAVATI registered under No.2393576 in Class 17 from the register.

For Petitioner : No Appearance For Respondent 1 : No Appearance For Respondent 2 : Mr.A.R.Sakthivel, SPC **********

ORDER

The bailiff's report dated 16.09.2023 records that notice was served on the petitioner through learned counsel who appeared for the petitioner when these proceedings were pending before the Intellectual Property Appellate Board. In spite of service of notice on learned counsel, the petitioner remained unrepresented.

2. Learned counsel for the Registrar of Companies has placed on record the status of registration of Trade Mark No.2393576 in Class 17. The status, as on 06.10.2023, is that the registration was valid up to 10.09.2022. As such, the long stop date of renewal has 2/4

expired and this petition has been rendered infructuous.

3. Consequently, (T)OP(TM)/516/2023 is dismissed as infructuous without any order as to costs.

12.10.2023 rna Index : Yes / No Internet : Yes / No SENTHILKUMAR RAMAMOORTHY,J 3/4

rna (T)OP(TM)/516/2023 (ORA/SR.92/2017/TM/CHN) 12.10.2023 4/4