Madras High Court
M/S.Ghanshyam Perfumery And Co vs (I) S.Shri Kasim Ramaiah on 2 November, 2023
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)CMA(TM)/1/2023
(OA/104/04/TM/CHN)
M/s.Ghanshyam Perfumery and Co.
A registered partnership firm carrying on its business
at Kirana Oil,
Itwari,
Nagpur 440 002 . ... Appellant
-vs-
1. (i) S.Shri Kasim Ramaiah,
(ii) Sathyanarayana Setty,
(iii)Kasim Sathyanarayana Shanker
Partners trading as M/s. Shanker Perfumery Works
at 34, T.S.R. Lane, Cottonpet,
Bangalore 560 053.
2. The Joint Registrar of Trade Marks
having office at Rajaji Bhavan,
D Wing, 2nd Floor,
Besant Road, Chennai 600 090. ... Respondent
PRAYER: Transfer Civil Miscellaneous Appeal (Trade Marks) is
filed under Section 91(1) of the Trade Marks Act, 1999, praying to call
for the records of application No.582422 in class 03 and of opposition
thereto being opposition No.MAS-55918 and quash and set aside the
1/6
https://www.mhc.tn.gov.in/judis
impugned order dated 05.07.2004 of the second respondent and
allow the Opposition No.MAS-55918 of the Appellants and dismiss
the 1st Respondent's application 582422 in class 3; and (ii) that the 1st
Respondent be ordered to pay to the Appellants the cost of this
appeal and the cost of proceedings before the Registrar of Trade
Marks.
For Appellant : Ms.Elizabeth Seshadri
for M/s.Iyer & Thomas
For Respondents : M/s.M.K.Miglani for R1
Mr.C.Samivel, learned SPC for R2
**********
JUDGMENT
This appeal was filed by the opponent before the Trade Marks Registry challenging the rejection of Opposition No. MAS-55918 in respect of Trade Mark Application No.582422 in class 3.
2. The contesting parties are present in person. The parties have reached a settlement and recorded the terms thereof in a document entitled “CONSENT TERMS ENTERED INTO BETWEEN APPELLANT AND RESPONDENT NO.1 FOR SETTLEMENT”, 2/6 https://www.mhc.tn.gov.in/judis dated 02.11.2023. Paragraph 3 thereof is as under:
“3. That the Appellant and the Respondent No.1 have agreed to settle their disputes on the following terms and conditions:
(i) That the Appellant agrees that Respondent No.1 would be entitled to the exclusive use and registration of trademark SONA CHANDI in respect of perfumery, dhoop, agarbattis, incense sticks and other articles of worship;
(ii) That the Respondent No.1 agrees that the Appellant shall be entitled to the exclusive use and registration of trademark SONA and other SONA formative trademarks excluding SONA CHANDI in respect of perfumery, dhoop, agarbattis, incense sticks, other articles of worship and goods in class 3;
(iii) That the Respondent No1 agrees and undertakes that it shall not be adopt or use or register any other SONA formative trademark except SONA CHANDI in respect of perfumery, dhoop, agarbattis, incense sticks and other articles of worship;
(iv) That the Appellant agrees and undertakes that it shall not adopt or use or register trademark CHANDI or any other CHANDI formative trade marks in respect of perfumery, dhoop, agarbattis, incense sticks and other 3/6 https://www.mhc.tn.gov.in/judis articles of worship;
(v) Both Appellant and Respondent No.1 further agrees and undertakes that they shall not adopt or use or register any trademark/label/carton which may be deceptively similar to each other's label/trademark carton in its depiction, colour scheme, colour combination, layout, get up, design, arrangement and placement of various features;
(vi) That the Appellant agrees to withdraw its appeal bearing No.FA/765/2012 pending before Hon'ble Bombay High Court at Nagpur Bench by 30th November, 2023 or within 15 days from the recordal of these consent terms by this Hon'ble Court;
(vii) That the Appellant has no objection to the registration of the impugned trademark SONA CHANDI in the name of the Respondent No.1;
(viii) Both the parties submit that they have settled their disputes qua trademarks SONA and SONA CHANDI by these consent terms and have no further claim against each other;
(ix) Both the parties agree and undertake not to object to the use and/or registration of their respective trade marks directly / indirectly as stated hereinabove in future before any authority or court.4/6
https://www.mhc.tn.gov.in/judis
(x) Parties agree to bear their own costs of the proceedings.”
3. From the above extract, it is evident that the contesting parties have undertaken reciprocal obligations, which are to be fulfilled after the consent terms are recorded by this Court. I see no impediment to the disposal of the appeal in terms thereof.
4. By taking note of the above consent terms, (T) CMA (TM) No.1 of 2023 is disposed of in terms of the consent terms dated 02.11.2023, which shall form an integral part of this judgment and the second respondent is directed to issue the certification of registration in respect of Application No.582422 in Class 3. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
02.11.2023 Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kal 5/6 https://www.mhc.tn.gov.in/judis SENTHILKUMAR RAMAMOORTHY, J kal (T)CMA(TM)/1/2023 (OA/104/04/TM/CHN) 02.11.2023 6/6 https://www.mhc.tn.gov.in/judis