Senthilkumar Ramamoorthy
405 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
405 cases indexed | Page 10 of 14
M/s.United Spirits Limited v.The Registrar of Trade Marks
The Madras High Court dismissed M/s. United Spirits Limited's petition seeking rectification of a trade mark registration. The court noted that the petitioner had assigned several marks to Grover Zampa Vineyards Limited, rendering them no longer an aggrieved party regarding the impugned mark. Consequently, the petition was dismissed, but the door remains open for the assignee to initiate proper rectification proceedings.
BIGTEC PRIVATE LIMITED v.The ASSISTANT CONTROLLER OF PATENTS & DESIGNS
Bigtec Private Limited appealed against the Assistant Controller's order declining the grant of a patent for application No. 421/CHE/2009, citing lack of inventive step and non-patentability under Section 3(e). The court set aside the impugned order due to non-consideration of the appellant's contentions regarding prior art and Section 3(e), and remanded the matter for re-consideration by a different officer.
Prakash Ferrous Industries Private Limited v.The Registrar of Trade Marks
The appellant filed a Civil Miscellaneous Appeal challenging the Registrar of Trade Marks' refusal to register the word mark 'TIRUMALA' (Application No. 2080181). The High Court set aside the impugned order primarily because it was cryptic and lacked sufficient reasons for its decision. However, since evidence of use was not placed before the authority, the matter was remanded back to the Registrar for a reasoned decision after the appellant provides proof of use.
Bigtec Private Limited v.The Assistant Controller of Patents and Designs
Bigtec Private Limited appealed against the Assistant Controller's order declining the grant of a patent application. The refusal was based on objections regarding lack of inventive step and non-patentability under Section 3(e). The court set aside the impugned order due to non-consideration of appellant's contentions and remanded the matter for re-evaluation by a different officer.
Bigtec Private Limited v.The Assistant Controller of Patents and Designs
Bigtec Private Limited appealed against the Assistant Controller's order declining the grant of patent for Indian Patent Application No. 314/CHE/2009, concluding that the claims lacked inventive step. The court set aside the impugned order due to non-consideration of appellant's contentions regarding prior art and remanded the matter for re-consideration by a different officer.
Perennial Health Care India Private Limited v.Manju Bai & Ramesh Kumar M.Jain; The Registrar of Trademarks
The Madras High Court case involving Perennial Health Care India Private Limited and Manju Bai & Ramesh Kumar M.Jain was concluded when the petitioner chose to withdraw their original petitions. The petitions, which sought various remedies under the Trademarks Act, 1999, including removal of specific trademark entries in Class 5, were formally dismissed as withdrawn by the court on August 23, 2023.
M/s.VP Enterprises v.Assistant Registrar of Trade Marks
The Madras High Court allowed M/s.VP Enterprises' appeal, overturning the Senior Examiner's rejection of their trade mark registration application (3894824). The court found that despite objections citing conflicting marks under Section 11(1), the appellant's composite mark was distinctive and distinguishable from the cited marks. Furthermore, evidence of prior use and an existing registration for an identical device in relation to the same services supported the appeal. Consequently, the application was directed to proceed to advertisement.
United Biotech Private Limited v.Sun Pharma Laboratories Limited
The Madras High Court allowed United Biotech Private Limited's petition seeking the removal of the trade mark 'ONCONASE' (No. 447044) registered in favour of Sun Pharma Laboratories Limited. The court found that the mark had not been used since its registration, thereby satisfying the grounds for cancellation under Section 47 of the Trade Marks Act, 1999. Consequently, the Registrar was directed to remove the entry from the Register within four weeks.
Dxn Holdings Bhd v.Daehsan Trading (India) Pvt. Ltd.; The Registrar of Trade Marks
The Madras High Court dismissed two Original Petitions filed by Dxn Holdings Bhd seeking the removal of specific trademarks from the register. The court noted that the last registration date of the marks was in 2021, and crucially, the first respondent (Daehsan Trading) was found to be under liquidation. Given these developments, the petitions were deemed infructuous, though the petitioner was directed to take necessary steps for mark removal.
M/s.Navketan Enterprises v.Sandeep A. Jain and The Registrar of Trade Marks
The Madras High Court dismissed the Original Petition filed by M/s. Navketan Enterprises seeking the removal of an impugned trade mark from the register. The court noted that the petitioner had been instructed to withdraw the petition, citing a deed of assignment dated July 3, 2019, which transferred ownership of the mark to them. Consequently, the proceedings were dismissed as withdrawn.
Adhya Kumar v.Mulligan Concept Teachers Association
The petitioner, Adhya Kumar, filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and restore opposition proceedings related to Trademark Application No. 3010257 in Classes 16 and 41. The appeal was ultimately closed after the court noted the prior decision by the Intellectual Property Appellate Board.
Feroke Boards Limited v.Universal Hardware
The Madras High Court allowed rectification petitions filed by Feroke Boards Limited against Universal Hardware and the Registrar of Trademarks. The court found that the petitioner had prior use rights for marks like 'FERO' and 'FEROPLY' since 1990, in a near-identical business sector (boards and construction materials). Despite the respondent's attempt to distinguish their composite marks by adding initials ('MK'), the court ruled that this adoption was not honest and was likely to cause consumer confusion. Consequently, the infringing trademark entries were removed from the register.
Produits Petroliers Organisation S.A.S. v.Narendra Kumar Gupta
The Madras High Court dismissed a petition filed by Produits Petroliers Organisation S.A.S. seeking the cancellation of the trademark 'KENNOL.' The court noted that the mark had been deemed abandoned because the first respondent failed to file a counter statement in response to the petitioner's opposition notice. Consequently, the original legal challenge became moot.
M/s.Sree Krishna Pipes v.M/s.Premier PVC Industry
The Madras High Court allowed M/s. Sree Krishna Pipes' petition, directing the removal of a conflicting trademark registration (No. 1120546) held by M/s. Premier PVC Industry. The court found that despite minor spelling differences ('PREMIER' vs 'Preemier'), both marks were used for identical goods—PVC pipes—and their near-identical nature was highly likely to cause confusion and deception among consumers. This ruling reinforces the principle of preventing consumer confusion in trademark law, even when slight variations exist.
V.Periasamy, Finetech Pipe Products v.V.Shanmugham, S.Sudha; The Deputy Registrar of Trademarks
The Madras High Court dismissed an Original Petition filed by V.Periasamy against V.Shanmugham and the Deputy Registrar of Trademarks. The petitioner sought to cancel a registered trademark (No. 1005460) in Class 17, alleging it was obtained unlawfully. However, due to repeated failure to appear before the court despite proper notice, the petition was dismissed for non-prosecution.
M/s.Digital Securities Pvt. Ltd. v.The Registrar of Trademarks & M/s.Kwality Ice Creams
The Madras High Court addressed an appeal challenging an order that allowed the review of a trademark registration application previously treated as abandoned for want of prosecution. The court found that while the original abandonment was based on discretion, the subsequent procedural history and lack of substantive adjudication warranted intervention. Consequently, the Registrar was directed to proceed with the application after granting both the appellant and respondent a reasonable opportunity to be heard.
Mr. Syedmohideen v.Ms.B.SulochanaBai
The Madras High Court addressed the petition filed by Mr. Syedmohideen seeking the cancellation of a registered trademark, IRUTTUKADAI. The petitioner had sought to challenge the registration of this mark held by Ms. B. Sulochana Bai. However, before any substantive hearing took place, the counsel for the petitioner informed the court that he intended to withdraw the petition. Consequently, the High Court dismissed (T)OP(TM).No.118 of 2023 as withdrawn.
Abdulla A Olia (Director of M/s Imex Industries (I) Pvt.Ltd.) v.M/s. Shri Ashapura Hardware & The Registrar of Trade Marks
The Madras High Court dismissed the Original Petition filed by Abdulla A Olia seeking rectification or removal of the registered trademark 'STAR IMEX DEVICE' (No. 1625661). The court noted that the petitioner failed to appear at multiple scheduled hearings despite receiving proper notice. Consequently, the petition was dismissed for non-prosecution.
Reliance Industries Ltd. v.M&G Polimeri Italia S.P.A.
Reliance Industries Ltd. filed an Original Petition seeking the revocation of Indian Patent No. 220888 before the Madras High Court. The petition was filed under Section 64 of the Patents Act, 1970. However, during the proceedings, it was noted that the patent had already ceased to be in force as of January 30, 2023. Consequently, the court dismissed the petition as infructuous.
Reliance Industries Ltd. v.M&G Polimeri Italia S.P.A.
Reliance Industries Ltd. filed an Original Petition seeking the revocation of Indian Patent No. 220888, which claimed a priority date of January 31, 2003. The petitioner sought this action before the Madras High Court. However, during the proceedings, it was noted that the patent had already ceased to be in force as of January 30, 2023. Consequently, the court dismissed the petition as infructuous.
Reliance Industries Ltd. v.M&G Polimeri Italia S.P.A.
Reliance Industries Ltd. filed an Original Petition before the Madras High Court seeking the revocation of Indian Patent No. 220888. The petition, which sought to challenge the patent's validity, was contingent on its active status. However, upon submission of a document from the Controller General of Patents, Designs & Trademarks, it was revealed that the patent had already ceased to be in force as of January 30, 2023. Consequently, the court dismissed the petition as infructuous.
Axiom Propack Pvt. Ltd. v.Guala Closures Patents B.V.
Axiom Propack Pvt. Ltd. filed an Original Petition before the Madras High Court seeking the revocation of Indian Patent No. 207928 against Guala Closures Patents B.V. The petition, which was filed under Section 64(1) of the Patents Act, 1970, aimed to challenge the validity of the patent. However, during the proceedings, it was noted that the term of Patent No. 207928 had already expired on June 2, 2018.
M/s.Aquasub Engineering v.M.Mandal Trading as Aqua Tech Enterprises
The Madras High Court disposed of an Original Petition filed by M/s.Aquasub Engineering seeking to rectify or cancel the registration of the trademark AQUATECH (No. 1925332). The court found that the trade mark had lapsed because its last valid registration expired on February 22, 2020, and was not renewed within the statutory period. Consequently, the Court directed the Registrar of Trade Marks to remove the entry from the register.
Agfa Nv v.The Assistant Controller of Patents, The Patent Office, Delhi, India
Agfa Nv filed a Transfer Civil Miscellaneous Appeal before the Madras High Court seeking to set aside an order passed by the Assistant Controller of Patents. The appellant subsequently filed a memo instructing the withdrawal of the appeal.
Enercon (India) Limited v.Aloys Wobben
Enercon (India) Limited filed multiple Transfer Original Petitions before the Madras High Court seeking to revoke several Indian Patents granted to Aloys Wobben. The court noted that the patents had expired but a counter claim was lodged by the petitioner in proceedings before the Delhi High Court.
Mitsubishi Chemical Corporation v.Assistant Controller of Patents and Designs, Government of India
Mitsubishi Chemical Corporation filed a Transfer Civil Miscellaneous Appeal (patents) challenging an earlier order from the Assistant Controller of Patents and Designs. The appellant subsequently instructed their counsel to withdraw the appeal.
Enercon ( India ) Limited v.Aloys Wobben
Enercon (India) Limited filed multiple Transfer Original Petitions before the Madras High Court seeking the revocation and removal from the register of various Indian Patents held by Aloys Wobben. The court observed that the term of all the patents in question had expired.
Enercon ( India ) Limited v.Aloys Wobben
Enercon (India) Limited filed multiple Transfer Original Petitions (TOPs) before the Madras High Court seeking the revocation of various Indian Patents granted by the Controller of Patent Chennai. The petitions were filed under Sections 64 and 117D of the Patents Act.
Paymate (India) Private Limited v.Paymate Pty Limited; The Deputy Registrar of Trade Marks, The Trade Marks Registry, Chennai
In a significant ruling, the Madras High Court disposed of an Original Petition filed by Paymate (India) Private Limited seeking to strike off a specific trademark registration. The court found that Trademark No. 1960699 was no longer in force because its last renewal date had expired on May 5, 2020, and the long stop period for restoration had passed. Consequently, the Court directed the Deputy Registrar of Trade Marks to cancel the certificate and remove the entry from the Register.
M/s. Goldmedal Electricals Pvt Ltd. v.The Registrar of Trade Marks
The Madras High Court allowed an appeal filed by M/s. Goldmedal Electricals Pvt Ltd., setting aside an order that had deemed its opposition to a trademark application abandoned. The core issue revolved around whether a communication sent to the Mumbai office, despite being addressed to the Chennai Registry, constituted substantial compliance with the Trade Marks Rules. The court ruled in favor of the appellant, finding that there was sufficient compliance and remanding the matter for fresh consideration on merits.
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