Sharp Kabushiki Kaisha vs Sharp Tools
2023 Latest Caselaw 11732 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                               DATED: 01.09.2023
                                                   CORAM
                        THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
                                              (T)CMA(TM)/27/2023
                                              (OA/15/2013/TM/CH)

                     Sharp Kabushiki Kaisha
                     (Sharp Corporation)
                     22-22, Nagaike-Cho, Abeno-Ku,
                     Osaka, Japan.                                     ... Appellant
                                                     -vs-

                     1.Sharp Tools,
                       9/10, Sita Road,
                       Sharp Nagar, Kalappatti,
                       Coimbatore - 641035.

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


                     PRAYER: Transfer Civil Miscellaneous Appeal (Trademarks) filed
                     under Sections 91(1) of the Trademarks Act, 1999, praying to Set
                     aside/quash the order dated 5th September 2012 of the Learned
                     Deputy Registrar of Trade Marks, Chennai dismissing opposition
                     MAS-719149 and allowing Application No.1185252 in class 7 to


                     1/4


https://www.mhc.tn.gov.in/judis
                     proceed for registration and allow the appellant's opposition
                     No.MAS-719149            and   reject the   1st   respondent's   Application
                     No.1185252 in class 7 for registration of the mark SHARP.
                                       For Appellant     : Mr.Arun C.Mohan
                                                           for M/s.A.A.Mohan

                                       For Respondent 1 : Mr.R.Sathish Kumar

                                       For Respondent 2 : Mr.M.Karthikeyan, SPC

                                                         **********
                                                       JUDGMENT

Learned counsel for the first respondent has placed before me

the status of Trademark No.1185252, which was registered in class 7.

The status report discloses that the last registration was valid only up

to 24.03.2013. Since the appellant assails an order by which its

opposition to the registration of the mark was rejected, the appeal

has been rendered infructuous by the non renewal of registration of

the impugned mark.

2. By taking note of these developments,

(T)CMA(TM)/27/2023 is dismissed as infructuous without any order

https://www.mhc.tn.gov.in/judis as to costs.

01.09.2023 rna/rjr Index : Yes / No Speaking Order (or) Non-Speaking Order

To

The Deputy Registrar of Trade Marks Office of the Trade Marks Registry, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.

SENTHILKUMAR RAMAMOORTHY, J.

rna/rjr

https://www.mhc.tn.gov.in/judis (T)CMA(TM)/27/2023 (OA/15/2013/TM/CH)

01.09.2023

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