Virendra Kumar Gupta vs Burger King Corporation
2023 Latest Caselaw 8907 Mad

                                                                             (T)OP(TM)/164/2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 24.07.2023
                                                      CORAM
                        THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                                (T)OP(TM)/164/2023
                                               (ORA/15/2015/TM/CH)

                     Virendra Kumar Gupta,
                     Sole Proprietor M/s. Burger King
                     19/1-K, Mint House, Cantt, Varanasi-221002 (U.P.)
                                                                              ... Petitioner

                                                        -vs-

                     1.Burger King Corporation
                       5505 Blue Lagoon Drive,
                       Miami Florida - 33126,
                       United States of America


                     2.The Registrar of Trade Marks,
                       Intellectual Property Rights Building,
                       Industrial Estate, Sidco RMD Godown Area,
                       G.S.T.Road, Guindy,
                       Chennai - 600 032.                                  ... Respondents


                     PRAYER:          Transfer Original Petitions (Trademarks) filed under

                     Sections 92, 95 of the Trademarks Act, 1999, pleased to rectify the

                     impugned registration No. 927122 in class 30 and cancel the

                     registration and /or impose a disclaimer over the words Burger and

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                (T)OP(TM)/164/2023

                     King.



                                       For Petitioner   : Mrs.Gladys Daniel

                                       For Respondent 2 : Mr.S.Janarthanam, CGSC
                                                        **********

                                                        ORDER

Ms.Gladys Daniel, learned counsel, appears on behalf of

Mr.Shailen Bhatia, learned counsel for the petitioner. She has placed

on record the Judgment dated 06.03.2023 in C.S.(Commercial) No.229

of 2018 of the Delhi High Court. In the said Judgment, the Delhi

High Court concluded that the plea of invalidity of registrations

granted in favour of the plaintiff in respect of Trademark BURGER

KING and other formative marks is prima facie not tenable. Orders in

rectification petitions concluding that the rectification petitions are

liable to be dismissed in view of the failure to obtain leave of the civil

court were also placed before me. Learned counsel for the first

respondent places reliance on these orders to contend that the

https://www.mhc.tn.gov.in/judis (T)OP(TM)/164/2023

rectification petition is liable to be rejected.

2. Upon considering the above orders and, in particular, the

order of the Supreme Court in Patel Field Marshal Agencies -vs-

P.M.Diesels Ltd., (2018)2 SCC 112, this petition is not maintainable.

3. Hence, (T)OP(TM)/164/2023 is dismissed without any order

as to costs.

24.07.2023 rna Index : Yes / No Internet : Yes / No

SENTHILKUMAR RAMAMOORTHY,J

rna

https://www.mhc.tn.gov.in/judis (T)OP(TM)/164/2023

(T)OP(TM)/164/2023 (ORA/15/2015/TM/CH)

24.07.2023

https://www.mhc.tn.gov.in/judis