Madras High Court
Ora/26/2020/Tm/Ch vs T.G.Harigopal on 26 June, 2023
(T)OP(TM)/448 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(TM)/448 of 2023
[ORA/26/2020/TM/CH]
T.G.Arumugam,
31 A/C, 1st Street, new Colony,
VOC Nagar, Anna Nagar East,
Chennai-600 102. ... Petitioner
-vs-
1.T.G.Harigopal,
No.16, New Street, mannady,
Chennai-600 001.
2. The Registrar of Trade Marks,
The office of Trademarks Registry,
IP Building, Guindy, Chennai. ... Respondents
PRAYER: Original Petition filed for the removal of trade mark from the
register or rectification of the register under Section 57 of the Trade Marks
Act, 1999 pleased to expunge or vary proprietorship details of the trademark
UMBRELLA BAND registered under No.200391 in class 34 by replacing
the name of the 1st Respondent with the name of the petitioner herein.
For Petitioner : Mr.S.Diwakar for
M/s.Factum Law
1/6
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(T)OP(TM)/448 of 2023
For Respondents : Mr.Gladys for
M/s.Daniel and Gladys
**********
ORDER
Both learned counsel for the petitioner and learned counsel for the
contesting respondent submit that the dispute between the parties was
resolved by drawing up a joint memorandum of compromise, which was
filed in C.S.(Com.Div).No.255 of 2020. Pursuant thereto, it is submitted that
the suit was decreed in terms of the memorandum of compromise. The
judgment and decree in C.S.(Com.Div.)No.255 of 2020 with the joint
memorandum of compromise annexed thereto has been placed before me.
2. Paragraph 1 (c) and (e) of the joint memorandum of compromise is
as under:
“c. The 1st Defendant agrees and undertakes to
file request in Form TM P including the Plaintiff as a
Joint Proprietor before the Registrar of Trademarks
within two weeks from the date of executing this memo of
compromise and record the joint proprietorship of the
registered trademark UMBRELLA BRAND under
no.200391 in class 34 in the Trademarks register;
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(T)OP(TM)/448 of 2023
e. The 1st Defendant further agrees and
undertakes to file equest in Form TM M including the
Plaintiff as a joint proprietor before the Registrar of
Trademarks within two weeks from the date of execution
of this memo of compromise and record the joint
proprietorship of the trademark UMBRELLA BRAND
under no.4415656 in class 34 in the Trademarks
Register;”
3. The parties agreed that the first defendant would file a request
under Form TM-P for the inclusion of the plaintiff therein / the petitioner
herein as the joint proprietor of the registered trademark UMBRELLA
BRAND under No.200391 in Class 34. The parties further agreed that the
first defendant would file Form TM-M for the inclusion of the plaintiff
therein/petitioner herein as a joint proprietor in respect of the pending
application for registration under No.4415656 in class 34 of the trademark
“UMBRELLA BRAND”. In effect, both parties agreed that the applications
in Form TM-P and Form TM-M should be allowed by the trademark
registry. Thereafter, the parties have also agreed for a geographical division
of the territory of operation as recorded in paragraph 1(d) and (f).
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(T)OP(TM)/448 of 2023
4. The joint memo of compromise further records in paragraph (1)(j)
as under:
“j. The parties hereto further agree that the
Plaintiff shall submit the above terms before the
Madras High Court or in any other appropriate forum,
in the pending Rectification Petition, viz.,
ORA/26/20/TM/CHN for appropriate orders to be
passed by the Hon'ble Court based on the above
terms.”
5. In view of the settlement and the decree drawn up in terms thereof,
the following directions are issued:
(i) The trademark registry is directed to take
necessary steps to allow the applications filed in Form TM-
M and Form TM-P.
(ii) The trademark registry is also directed to give
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(T)OP(TM)/448 of 2023
effect to the geographical division as agreed to in the
memorandum of compromise and the decree drawn up in
terms thereof.
(iii) The above actions shall be completed within a
period of four weeks from the date of receipt of a copy of
this order.
For reporting compliance, list on 14.08.2023.
26.06.2023
Index : Yes / No
Neutral Citation: Yes/ No
kal
https://www.mhc.tn.gov.in/judis
(T)OP(TM)/448 of 2023
SENTHILKUMAR RAMAMOORTHY, J.
kal
(T)OP(TM)/448 of 2023
[ORA/26/2020/TM/CH]
26.06.2023
https://www.mhc.tn.gov.in/judis
