Madras High Court
Avtar Singh And Mr.Harkirat Singh vs Chiranjeelal Bihani on 29 September, 2023
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(TM)/SR.494/2023
(ORA/SR.36/2017/TM/CHN)
(T)(TM)A/1/2023
Avtar Singh and Mr.Harkirat Singh
Trading as M/s.Aero Club
Gurudware Road, Karol Bagh,
New Delhi 110 005. ... Petitioner
-vs-
1.Chiranjeelal Bihani, Sri Devender Bihani
Trading as M/s.Woodland Perfumers,
19/1, 1st Cross Nagendra Garden (Behind Arrun Theatre),
Srirampuram, Bangalore 560 021.
2.The Registrar of Trade Marks,
Chennai. ... Respondents
PRAYER: Transfer Original Petition (Trademarks) filed under
Section 91 of the Trade Marks Act, 1999, praying to allow the present
application and condone the delay in filing of the petition and take
the petition on record.
For Petitioner : Ms.Priya Adlakha
for M/s.Fidus Law Chambers
For Respondents : Mr.J.Madhanagopal Rao, SPC
1/2
https://www.mhc.tn.gov.in/judis
SENTHILKUMAR RAMAMOORTHY,J
rna
ORDER
Although the petition has not been numbered in view of the pending application to condone delay in filing the petition, learned counsel for the applicant / petitioner submits that Trade Mark No.963781 was registered in class 3 and such registration was valid up to 16.10.2010. On account of non renewal of such registration, learned counsel submits that the intended petition has been rendered infructuous.
2. Since the registration was not renewed after 16.10.2010, even the long stop for renewal has long expired. Consequently, (T)OP(TM)/SR494/2023 and (T)(TM)A/1/2023 are dismissed as infructuous without any order as to costs.
29.09.2023 rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No (T)OP(TM)/SR.494/2023 (ORA/SR.36/2017/TM/CHN) (T)(TM)A/1/2023 2/2 https://www.mhc.tn.gov.in/judis