Puma Se v. K.Srinivasan Trading As K.Srinivasan Mills
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.03.2024
CORAM
MR.JUSTICE N.SESHASAYEE PUMA SE PUMA Way 1, 91074 Herzogenaurach Germany ... Petitioner Vs.
1.K.Srinivasan Trading as K.Srinivasan Mills No.34, Chokanathar Street ERODE 638 001, Tamil Nadu 2.The Registrar of Trade Marks Trade Marks Registry Boudhik Sampada Bhavan G.S.T Road, Guindy Chennai 600 032 ... Respondents PRAYER: The Transfer Original Petitions (Trade Marks) filed under Sections 47 and 57 of the Trade Marks Act, 1999, praying to (a) allow the present rectification application; (b) an order directing the respondent No.2 to remove an entry pertaining to the Trade Mark registration No.2892343 in Class 24 from the Register of Trade Marks and for costs. 1/7
For Petitioner : Mr.Ramesh Ganapathy For Respondents : No Appearance - R1 Mr.A.R.Sakthivel, SPC GSC - R2
ORDER
This petition for rectification of register of the 2nd respondent is filed for violating the Trade Mark which the petitioner herein had obtained for its logo.
2.The petitioner is a proprietor of 16 Trade Marks which are as below: S. No.
Trademark App. No.
App Date Class Validity 1.
559635 03/10/1991 03/10/2028 2.
PUMA 449270 05/02/1986 05/02/2027 3.
PUMA 323055 15/02/1977 15/02/2025 4.
412852 08/11/1983 08/11/2034 S. No.
Trademark App. No.
App Date Class Validity 2/7
5.
532578 03/07/1990 03/07/2034 6.
PUMA 323054 15/02/1977 15/02/2025 7.
450143 25/02/1986 25/02/2027 8.
PUMA 323053 15/02/1977 15/02/2025 9.
450142 25/02/1986 25/02/2026 10.
2967782 20/05/2015 20/05/2025 11.
424934 27/07/1984 27/07/2025 12.
699154 22/02/1996 22/02/2026 13.
699153 22/02/1996 22/02/2026 3/7
14.
700541 04/03/1996 04/03/2026 15.
1264294 03/02/2004 03/02/2034 16.
3419759 25/11/2016 25/11/2026 3.Puma is an alternate name for the cougar, which is a mountain lion and the various Trade Mark herein above shown in the table has a leaping puma. As stated earlier this leaping puma was also registered under Class 25 separately.
4.Be that as it may, the 1st respondent had registered its label mark which is as below:
4/7
TM Application No.: 2892343 Class: 24 [shirting, suiting and textile piece goods.] Date of Application:30/01/2015 User Date: Proposed to be used Valid Up To: 30/01/2025 5.The objection is now taken by the petitioner to the leaping cat over the expression SAI as its seen in the above label. 6.The 1st respondent was served with a notice, but it chose not to appear and contest the matter.
7.The learned counsel for the petitioner submitted that inasmuch as the 5/7
petitioner had also registered its device separately, the petitioner is entitled to ensure that its proprietorship over the said logo is not infringed by any. 8.This Court finds that the leaping cat or anything that appears to belong to the cat family in the label of the 1st respondent appears to bear a strong resemblance to the leaping puma in the petitioner's mark. Inasmuch as the petitioner had also registered its logo, the leaping puma separately, it is entitled to have the benefit of protecting the said logo. 9.In the result, the present rectification petition stands allowed. The 2nd respondent is hereby directed to remove the entry pertaining to the Trade Mark registration No.2892343 in Class 24 of the 1st respondent from the Register of Trade Marks.
18.03.2024 kas Index : yes / no 6/7
N.SESHASAYEE, J.
kas 18.03.2024 7/7