Panama Jack International Inc vs Deputy Registrar Of Trade Marks
2023 Latest Caselaw 15969 Mad

Citation : 2023 Latest Caselaw 15969 Mad
Judgement Date : 8 December, 2023

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

https://www.mhc.tn.gov.in/judis Neutral Citation: Yes / No