M/S. Earth Events (India) Private Limited v. Carousel Production Inc
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (TM)A/3/2025 in (T)OP(TM)/451/2023 M/s. Earth Events (India) Private Limited S-2, Promenade, 2nd Floor, 76/3, Nandidurga Road, Bengaluru 560046 and at Shiva Ground Floor, 77/6, Nandidurga Road, Bengaluru 560046.
... Applicant -vsCarousel Production Inc 7, Ideal Street, Mandaluyong City, Philippines 1550 and another ... Respondents For Applicant : Mr.Arjun Santhosh For Respondents : Ms.Vaishnavi Subrahmanyam Ms.Annapoorani Ganapathy for M/s.Thriyambak J.Kannan for R1 Mr.M.Karthikeyan, CGSC for R2 **********
ORDER
The applicant is the first respondent in the rectification petition. The applicant seeks permission to file the additional documents described in the schedule to the Judge's Summons on the ground that these documents 1/2 https://www.mhc.tn.gov.in/judis
SENTHILKUMAR RAMAMOORTHY,J rna pertain to events that occurred after the filing of the counter affidavit. It is also stated that the rectification petition was filed inter alia on the ground of non-use of the impugned mark and that these documents are germane for establishing use of the impugned mark.
2. The application is opposed by learned counsel for the rectification petitioner on the ground that the documents proposed to be filed do not pertain to the relevant period of five years when the impugned mark was not used.
3. The trial in the rectification petition is yet to commence. One of the grounds on which the petition is filed is non use under Section 47(1)(b) of the Trade Marks Act, 1999. On perusal of the schedule, the explanation provided by the applicant for not filing the documents along with the counter statement is liable to be accepted. Therefore, subject to the right of the rectification petitioner to file an affidavit of admission / denial in respect thereof and raise objections inter alia on grounds of admissibility, relevance and proof in course of trial, this application is allowed. 12.06.2025 (3/4) rna (TM)A/3/2025 in (T)OP(TM)/451/2023 2/2 https://www.mhc.tn.gov.in/judis