### Summary of Case
The case involves a petition by M/s. Optix Healthcare, represented by its partners Mr. Balaji and M. Maria Parthiban, to rectify the Register of Trade Marks by expunging the trade mark "FLURB" (Trade Mark No. 5475906 in Class 5) registered to S. Baskaran, a former partner of the firm. The petitioners demonstrated prior use of the mark since 15.11.2016, supported by invoices from 20.09.2016, while S. Baskaran applied for the same mark on 04.06.2022 on a "proposed to be used" basis. The court found the marks to be identical and used for identical ophthalmic products, concluding that the petitioners were the prior users. Due to S. Baskaran's failure to contest the case, he was set ex parte, and the court ordered the Registrar of Trade Marks to expunge the impugned entry within thirty days.
### Case Details
The case titled M/s. Optix Healthcare & Ors. vs. S. Baskaran & Anr., ordered on 12.08.2025 with case number OP(TM)/32/2025, was adjudicated by The Honourable Mr. Justice Senthilkumar Ramamoorthy at the High Court of Judicature at Madras, with no neutral citation provided.
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Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
