M/S.Silver Oak (India) Limited vs Rhizome Distilleries Pvt. Ltd
2023 Latest Caselaw 14580 Mad

Madras High Court

M/S.Silver Oak (India) Limited vs Rhizome Distilleries Pvt. Ltd on 22 November, 2023

Author: Senthilkumar Ramamoorthy

Bench: Senthilkumar Ramamoorthy

                                                                                (T)CMA(TM)/28/2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 22.11.2023
                                                     CORAM
                        THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                                (T)CMA(TM)/28/2023
                                               (OA/29/2013/TM/CHN)

                     M/s.Silver Oak (India) Limited
                     1st floor, AA-14, Scheme No.54
                     Vijay Nagar (Opposite Sathya Sai School)
                     AB Road, Indore 452 010
                     Madhya Pradesh.                                          ... Appellant
                                                    -vs-

                     1.Rhizome Distilleries Pvt. Ltd.
                     3-5-152/1, Narayanguda
                     Hyderabad, Andhra Pradesh-500 029.

                     2. Deputy Registrar of Trade Marks
                     Trade Marks Registry
                     Intellectual Property Office Buildings
                     G.S.T.Road, Guindy
                     Chennai-600 032.                                         ... Respondents

                     PRAYER: Transfer Civil Miscellaneous Appeal (Trademarks) filed
                     under Section 91 of the Trademarks Act, 1999, praying this Court that
                     the impugned order dated 04.07.2012, which was passed by the 2 nd
                     respondent, be set aside; the Opposition No.MAS-716434 be decided
                     in favour of the appellant and against 1st respondent.

                                     For Appellant   : No appearance

                     1/3


https://www.mhc.tn.gov.in/judis
                                                                              (T)CMA(TM)/28/2023



                                       For R1          : No appearance

                                       For R2          : Mr.M.Karthikeyan, SPC

                                                     JUDGMENT

On 07.11.2023, learned counsel for the Registrar of Trade

Marks was directed to ascertain and report on the status of

registration of Trade Mark No.1116900 in Class 33. He submits that

the said trade mark has been removed from the Register of Trade

Marks. (T)CMA(TM)/28/2023 was filed impugning the rejection of

the opposition in respect of the above mentioned Trade Mark

No.1116900. In view of the relevant trade mark being removed from

the Register of Trade Marks, the appeal is dismissed as infructuous

without any order as to costs.

22.11.2023

Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kj

SENTHILKUMAR RAMAMOORTHY,J.

https://www.mhc.tn.gov.in/judis (T)CMA(TM)/28/2023

Kj

(T)CMA(TM)/28/2023 (OA/29/2013/TM/CHN)

22.11.2023

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