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Karnataka High Court

M/S Bharath Chemical Industries vs The Registrar Of Trademarks on 10 June, 2022

Author: B. M. Shyam Prasad

Bench: B. M. Shyam Prasad

        IN THE HIGH COURT OF KARNATAKA AT
                    BENGALURU

        DATED THIS THE 10TH DAY OF JUNE 2022

                        BEFORE

 THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

     CIVIL MISCELLANEOUS PETITION NO.359/2022

BETWEEN :

M/S BHARATH CHEMICAL INDUSTRIES
A REGISTERED PARTNERSHIP FIRM
WITH ITS OFFICE AT PLOT NO. 433
KIADB INDUSTRIAL GROWTH CENTRE
H N PURA ROAD, HASSAN
KARNATAKA - 573 201, INDIA
REPRESENTED BY ITS MANAGING PARTNER
SHRI C N RAJU, S/O NARAYANAN
AGED 63 YEARS
AND PARTNER SRI P S BIJU
S/O SRI SREEDHARAN
AGED 52 YEARS.
                                 ... PETITIONER
(By SRI. MENTO ISSAC., ADVOCATE)


AND :

1.      THE REGISTRAR OF TRADEMARKS
        INTELLECTUAL PROPERTY OFFICE BUILDING
        G S T ROAD, GUINDY, CHENNAI - 600 032
        TAMIL NADU, INDIA.


2.      MR K JAYAPRAKASH
        S/O LATE C P KESHAVAN NAIR
                           2



     AGED 52 YEARS
     PARTNER M/S BHARATH CHEMICAL INDUSTRIES
     WITH ITS OFFICE AT PLOT NO. 433
     KIADB INDUSTRIAL GROWTH CENTRE
     H N PURA ROAD, HASSAN
     KARNATAK - 573 201, INDIA.

                                      ... RESPONDENTS

      THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER     SEC.11(5)  OF   THE   ARBITRATION    AND
CONCILIATION ACT 1996, PRAYING TO (A) TO ALLOW THE
PRESENT PETITION AND RECTIFY THE REGISTER OF
TRADE MARKS MAINTAINED BY RESPONDENT NO.1, BY
EXPUNGING THE NAME OF RESPONDNT NO.2 AS
REGISTERED PROPRIETOR FOR THE IMPUGNED MARK
(BCI- BHARATH CHEMICAL INDUSTRIES) REGISTERED BY
THE RESPONDENT NO.1, AS OF THE DATE 03/11/2014 IN
TRADE MARK NO. 2835990, THE CERTIFICATE DATED
03/04/2019 AND JOURNAL NO. 1876; (B) TO DIRECT THE
RESPONDENT NO.1 TO MAKE AN ENTRY IN ITS
REGISTERED TO THE EFFECT OF PETITIONER AS THE
PROPRIETOR OF THE MARK (BCI-BHARATH CHEMICAL
INDUSTRIES) CORRESPONDING TO THE TRADE MARK NO.
2835990, THE CERTIFICATE DATED 03/04/2019 AND
JOURNAL NO. 1876 AS OF THE DATE 03/11/2014.

     THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:

                      ORDER

Perused the memo dated 03.06.2022, and the petition stands dismissed as withdrawn.

The Registry is directed to return the original documents to the learned counsel for the petitioner.

Sd/-

JUDGE nv