**Summary of Case:**
The review petitioners, operating under "ANIL APPALAM & CHIPS," sought to review the IPAB's order dated 03.06.2013 that allowed the first respondent's rectification petition to remove their registered device mark (Trade Mark No. 687449 in Class 30, effective from 20.11.1995) from the Register. The partnership, originally formed in 1993, underwent multiple reconstitutions, with the first respondent retiring on 14.07.2000 via a release deed and assurance deed that permitted him to use the name in Tamil Nadu and Puducherry while restricting the firm from operating there. The court found the IPAB's removal order erroneous, as the documents indicated a territorial division rather than full transfer of goodwill, and directed the Registrar under Section 57 of the Trade Marks Act to modify the registration by imposing a geographical limitation excluding those territories for the petitioners' mark, to be done within 30 days.
**Case Details:** The case titled Muthukani Thiravidakani Trading as Anil Appalam and Chips & Anr. vs K.Raja & Anr., order dated 07-08-2025, case number (T) Rev.Pet. (IPD) No. 4 of 2024, with no neutral citation, was heard by The Hon'ble Mr Justice Senthilkumar Ramamoorthy at the High Court of Judicature at Madras.
Disclaimer: The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
No comments:
Post a Comment