Senthilkumar Ramamoorthy
405 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
405 cases indexed | Page 11 of 14
M/s.Jaya Balaji Tex v.Senniappan Kuppusamy; The Registrar of Trademarks
The Madras High Court dismissed two Original Petitions filed under Section 57 of the Trade Marks Act, 1999. The petitions sought the removal of specific registered trademarks (No. 1607835 and No. 1464323) from the Register of Trademarks in Class 25. However, both parties reached an amicable resolution regarding the disputes, leading the petitioner to withdraw the cases before the court.
Home Box Office, Inc. v.Danish Salim; The Registrar of Trademarks
In this matter concerning trademark cancellation, Home Box Office challenged an entry in the Register of Trademarks. However, the court noted that the registered proprietor of the impugned mark had subsequently agreed to cancel the registration. Consequently, the High Court disposed of the Original Petition by directing the Registrar of Trademarks to complete the necessary steps for cancellation and removal of the entry within a specified timeframe.
Pfizer Products Inc. v.R. Hanumantha Rao
Pfizer Products Inc. successfully petitioned the Madras High Court to expunge the registration of the trademark VECOREX (No. 980006) from the register. The court noted that the mark had not been renewed since December 29, 2020. Consequently, the court directed the Registrar of Trademarks to remove the entry within four weeks, effectively clearing the mark for potential use by the petitioner.
B.M.Dhananjaya.S v.M/s.Billionsmiles Hospitality Pvt. Ltd.
The Madras High Court dismissed Original Petition (Trademarks) No. 26 of 2023 after the petitioner, B.M.Dhananjaya.S, filed a request to withdraw the case. The original petition sought the expungement and removal of an entry related to the registered trademark 1485593 from the Trademark Registry. The withdrawal was based on a settlement reached between the contesting parties, concluding the dispute without a formal judicial ruling on the merits.
Foodvista India Pvt. Ltd. v.The Registrar of Trademarks
The Madras High Court intervened in trademark applications filed by Foodvista India Pvt. Ltd., which were previously refused by the Trademark Registry on grounds of descriptiveness. The court found that the refusal orders were unreasoned and failed to consider the appellant's evidence of use and acquired distinctiveness, particularly under the proviso to Section 9(1) of the Trademarks Act. Consequently, the High Court set aside the impugned orders and remanded the matter back to the Registrar for reconsideration, mandating a reasoned decision based on all submitted evidence.
Mankind Pharma Limited v.Genova Biotechniques Pvt. Ltd.
Mankind Pharma Limited successfully petitioned the Madras High Court to remove a specific trademark, 'PSO KIND,' from the register. The court observed that while the mark was initially registered, its renewal had lapsed after November 8, 2020. Consequently, the time limit for both renewal and restoration had expired. The court directed the Registrar of Trademarks to cancel the registration certificate and remove the entry within four weeks.
Pioneer Bakeries (P) Ltd. v.New Hope Food Industries Pvt. Ltd.
The Madras High Court disposed of multiple Original Petitions filed by Pioneer Bakeries (P) Ltd seeking cancellation of several trademarks. The court noted that both parties had reached a comprehensive Settlement Agreement dated March 26, 2018. This agreement defined specific usage rights for the 'MILKA' mark in Class 30, ensuring mutual non-infringement across various product categories. Consequently, the petitions were disposed of based on this existing compromise, avoiding a full judicial hearing.
M/S. Tradall S.A. v.The Learned Registrar of Trade Marks
The Madras High Court dismissed the Civil Miscellaneous Appeal filed by M/S. Tradall S.A. against the Learned Registrar of Trade Marks. The appellant had sought to revoke a previous refusal order and allow the registration of the mark 'HALLMARK' in Class 33. However, due to repeated non-appearance of the appellant's counsel during scheduled hearings, the court dismissed the appeal for lack of prosecution.
Murari Lal Harish Chandra Jaiswal Pvt. Ltd. v.M.Safiullah, Trading as M.N.A.Mohammad Sulthan & Sons, and also as Tajmahal Tobacco Co., Partnership Firms; Registrar of Trade Marks
The Madras High Court disposed of a rectification proceeding initiated by Murari Lal Harish Chandra Jaiswal Pvt. Ltd. against the trademark 'HANS CHAAP SCENTED KHANI, TAJMAHAL.' The court noted that the first respondent (M.Safiullah) had categorically stated their willingness to surrender the trademark. Consequently, the court directed the Registrar of Trade Marks to cancel and remove the entry relating to Trademark No. 865412 from the register within four weeks.
Venator Materials Uk Limited v.Assistant Controller of Patents and Designs
Venator Materials UK Limited filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order passed by the Assistant Controller of Patents and Designs. The appellant subsequently instructed his counsel to withdraw the appeal.
Venator Materials Uk Limited v.Assistant Controller of Patents and Designs, Government of India
Venator Materials Uk Limited filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an order dated 14 December 2020 issued by the Assistant Controller of Patents and Designs. The appeal sought to set aside that order and allow the patent application No.7188/CHENP/2012 to proceed to grant.
M/S. Malar Publications Ltd. v.M/s.Malar Network Private Limited
The Madras High Court disposed of a Civil Miscellaneous Appeal concerning Trademark No. 1066201. The court noted that the registration for this trademark had lapsed and was only renewed up to December 11, 2011. Furthermore, it was established that M/s. Malar Network Private Limited, one of the parties involved, had been struck off and dissolved from the corporate register. Consequently, the High Court directed the Deputy Registrar of Trade Marks to remove the lapsed trademark entry from the register.
Marico Limited v.Mathewsons Exports And Imports Pvt.Ltd
The Madras High Court ruled in favor of Marico Limited, directing the removal of the trademark 'KASTHOORI MANJAL' (Registration No. 1451234) from the register. The core issue was that the mark had not been renewed since April 26, 2016, and the statutory long stop date for renewal or restoration had expired. This decision underscores the critical importance of maintaining trademark registrations through timely renewals.
Astellas Deutschland GmbH v.The Controller of Patents and Desingns
Astellas Deutschland GmbH filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order issued by The Controller of Patents and Desingns. However, the appellant subsequently instructed their counsel to withdraw the appeal.
Lakha Ram Sharma (Kundan Cable India) v.Balar Marketing (P) Limited and The Registrar of Trademarks
The Madras High Court addressed a petition seeking the cancellation of the 'KUNDAN CAB' trademark (No. 389177) due to pending opposition proceedings. Given that the petitioner had successfully appealed an earlier dismissal and the matter was remanded for re-consideration by the Registrar, the court ruled that the registration certificate was liable to be cancelled. The High Court directed the Registrar of Trademarks to cancel the entry within four weeks, while also setting a six-month deadline for the Registrar to pronounce the final decision.
Huawei Technologies Co., Ltd v.The Controller General of Patents and Designs
Huawei Technologies Co. filed a Transfer Civil Miscellaneous Appeal challenging an earlier order passed by Respondent No. 3. The Madras High Court noted that the matter had already been remanded for reconsideration by the Intellectual Property Appellate Board in a previous order and closed the appeal without further adjudication.
M/s. Wockhardt Limited v.Apex Laboratories Limited
The Madras High Court addressed an appeal challenging a trademark registration refusal. The appellant argued that the lower court's review was improperly exercised as an appeal, citing strict limitations on review jurisdiction. However, the Court found that the original decision failed to address key submissions made by the respondent regarding prior use and lack of evidence from the appellant. Consequently, the Court held that these omissions constituted 'errors apparent on the face of the record,' allowing the review order to stand.
Suresh Steel Tubes Pvt Ltd. v.The Registrar of Trademarks
Suresh Steel Tubes Pvt Ltd. filed a petition seeking the removal of Trademark Registration No. 1973721, arguing that its validity had lapsed. The Madras High Court reviewed the status provided by the Trademarks Registry and found that the long stop date for renewal and restoration had expired. Consequently, the court dismissed the petition as infructuous, effectively upholding the existing registration.
Wynk Limited v.Ec Media (International) Pvt. Ltd.
In a significant ruling, the Madras High Court disposed of a petition filed by Wynk Limited seeking the cancellation of an infringing mark registered under No.2020253. The court noted that the registration had lapsed and was not renewed after September 8, 2020. Consequently, the court directed the Registrar of Trademarks to remove the defunct trademark from the register within two weeks, effectively resolving the dispute in favor of Wynk Limited.
Kishorkumar Gokaldas v.The Registrar of Trademarks
The Madras High Court dismissed three Transfer Original Petitions filed by Kishorkumar Gokaldas against the Registrar of Trademarks. The petitions sought to remove or rectify specific trademark registrations (Nos. 2224503, 2224504, and 2224505). However, both parties agreed that these trademarks had not been renewed and were therefore no longer in force, rendering the legal challenges moot and infructuous.
Ceat Limited v.Amjad Khan Trading As Bharat Traders
In a matter concerning the cancellation of the trademark 'CEART', the Madras High Court disposed of the petition based on a settlement reached in a connected civil suit. The court noted that the first respondent had agreed to take steps for the mark's removal. Consequently, the Deputy Registrar of Trade Marks was directed to expunge Trademark No. 3871567 from the register within four weeks.
Mankind Pharma Limited v.Neospark Drugs And Chemicals Private Limited; The Registrar of Trade Marks
The Madras High Court ruled in favor of Mankind Pharma Limited, directing the removal of the trademark MAXCAL GEL (No. 2102511) from the Trade Marks Register. The court found that the registration had lapsed and was not renewed within the statutory time limits. This decision underscores the strict adherence required to maintain trademark rights through timely renewal procedures.
Bharatiya Janata Party Kisan Morcha, Andhra Pradesh Unit v.Monsanto Technology, LLC
The petitioner filed a Transfer Original Petition seeking the revocation of Indian Patent No. 232681 held by Monsanto Technology. The first respondent submitted that the term of this patent had already expired on June 5, 2022.
Bluechip Amusements (India) Pvt. Ltd. v.Crazy Concepts And Mazes Pvt.Ltd.
The Madras High Court dismissed the Original Petitions filed by Bluechip Amusements against Crazy Concepts and Mazes. The dismissal was due to non-prosecution, as the petitioner informed the court that they no longer operated their outlet under the name 'HORROR HOUSE.' This outcome highlights the importance of active litigation management in trademark disputes.
M.Sarojini v.M/s. Ce Biotech (P) Limited
The Madras High Court dismissed a petition filed by M.Sarojini seeking the expungement of the trademark ZIPROVIT (No. 1631278) from the register, which was held in the name of M/s. CE Biotech (P) Limited. The petitioner subsequently informed the court that they were withdrawing the petition due to the non-renewal of the relevant trademark registration. This outcome highlights the procedural necessity of maintaining active IP rights.
M/S.Verizon Trademarks Services Llc v.M/s. Verinon Technology Solutions Private Limited; The Registrar of Trade marks
The Madras High Court dismissed a petition seeking rectification and cancellation of Trademark No. 2110042 due to non-renewal. The court noted that since the trademark registration had lapsed (last renewed up to March 4, 2021), no further adjudication was required on the merits of the dispute. Consequently, the Registrar of Trade Marks was directed to take necessary steps within four weeks to rectify the register and cancel the mark.
Ramesh Gupta And Rajan Gupta Partners Of M/s Ganga Containers v.M.A.Hameed Proprietor, AH Food products
The Madras High Court dismissed a trademark petition filed by Ramesh Gupta and Rajan Gupta Partners against M.A. Hameed Proprietor. The court noted that the core subject matter, Trademark Registration No. 1879905, had been cancelled. Since the underlying right was no longer valid, the entire petition became infructuous, leading to its dismissal without any order regarding costs.
M/s. Adwaith Lakshmi Industries Limited v.Mylsamy Ranga Ramanujam
M/s. Adwaith Lakshmi Industries Limited filed an Original Petition seeking the rectification or revocation of Patent No. 262529, alleging it was invalid and obtained by misrepresentation. The petitioner subsequently withdrew the petition.
M/S. Hatsun Agro Product Limited v.H.Omar Farook and The Registrar of Trade Marks
M/S. Hatsun Agro Product Limited filed a petition seeking the cancellation and rectification of Trademark No. 2555577 in Class 25, arguing its invalidity or non-use. However, upon receiving an affidavit from the first respondent, H.Omar Farook, which confirmed that the trademark had expired on June 27, 2023, and that he would not renew it, the Madras High Court dismissed the petition as infructuous. This outcome highlights how a simple change in registration status can immediately resolve complex IP disputes.
M.Y. Mumtaj Begum & M. Badrudeen v.K.R. Iqbal Ahmmed & The Registrar of Trade Marks
The Madras High Court addressed an Original Petition seeking the rectification and cancellation of Trademark Registration No. 1509172, which was granted to K.R. Iqbal Ahmmed for beedies and tobacco products. However, before any substantive hearing could take place, the petitioners communicated their decision to withdraw the petition. Consequently, the court dismissed the Original Petition as withdrawn without making any order regarding costs.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.