Madras High Court
Panama Jack International Inc vs Deputy Registrar Of Trade Marks on 8 December, 2023
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)CMA(TM)/172/2023
(OA/SR.105/2019/TM/CHN)
Panama Jack International Inc.
230, Ernestine Street, Orlando, FI 32801,
United States of America. ... Appellant
-vs-
1.Deputy Registrar of Trade Marks,
Intellectual Property Building,
G.S.T.Road, Guindy, Chennai 600 032.
2.Vincente Gimenez Antonio
Carterra Murcia-Alicante, KM 51 03205
Elche (Alicante), Spain. ... Respondents
PRAYER: Transfer Civil Miscellaneous Appeal (Trade Marks) filed
under Section 91(1) of the Trade Marks Act, 1999, praying to call for
the records of the proceedings pertaining to the impugned order
dated 3rd January, 2019 and after examining the legality and validity
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thereof, quash and / or set aside the same and the petition on form
TM-16 for changing the name of the applicant from 'Vincente
Gimenez Antonio' to 'Antonio Vicente Gimenez' thereafter to Grupp
Internacional S.A. be disallowed and the Appellant's Interlocutory
Petition praying for the Counter statement filed by Grupp
Internacional S.A to be treated as void ab initio and abandoning the
impugned Application No.551921 in Class 25 be allowed and
pending the hearing and final disposal of the Appeal, the operation
of the impugned order dated 3rd January 2019 be stayed and to allow
the miscellaneous petitions filed by the Appellant for condonation of
delay in filing the present appeal and for stay of the impugned order
dated 3rd January 2019.
For Appellant : Ms.K.Swetha
for M/s.Krishna and Saurastri
Associates LLP
For Respondent 1 : Mr.A.R.Sakthivel, SPC
For Respondent 2 : No Appearance
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JUDGMENT
Learned counsel for the appellant has placed on record an order dated 30.12.2019 of the Joint Registrar of Trade Marks. The said order records that trade mark Application No.551921 is treated as withdrawn, and that opposition no.732134 abates as a consequence. Since this appeal is directed against an interlocutory order dated 03.01.2019 in the above mentioned opposition proceedings, this appeal has been rendered infructuous by the above mentioned development.
2. By taking note of the same, (T)CMA(TM)/172/2023 is dismissed as infructuous without any order as to costs.
08.12.2023 rna Index : Yes / No Internet : Yes / No 3/5 https://www.mhc.tn.gov.in/judis Neutral Citation: Yes / No SENTHILKUMAR RAMAMOORTHY,J rna (T)CMA(TM)/172/2023 (OA/SR.105/2019/TM/CHN) 4/5 https://www.mhc.tn.gov.in/judis 08.12.2023 5/5 https://www.mhc.tn.gov.in/judis