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As per Section 12, the Registrar is entitled to permit the registration by more than one proprietor of identical or similar trade marks in respect of similar goods or services in case of honest concurrent use or other special circumstances. In this case, the Registrar has permitted registration of the first respondent’s trade marks. Both the petitioner and the first respondent carry on transportation services as their primary business. Therefore, the mark is being applied to identical services. The documents on record disclose that the first respondent has used the mark from the year 1974. Section 12 does not require neck-to-neck concurrency and it is sufficient if the relevant trade marks have been used concurrently over a material length of time. Even otherwise, for reasons discussed, this case would fall within the scope of “other special circumstances” in Section 12. Given the fact that the first respondent’s marks are in use from about 1974, even if Section 33 did not apply, the first respondent would be entitled to the benefit of Section 12 of the Trade Marks Act. 13. For the reasons aforesaid, the petitioner is not entitled to rectification of the register in respect of the impugned marks. Therefore, (T)OP(TM)/176, 177 and 178/2023 are dismissed without any order as to costs. 12.12.2023 Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No rna SENTHILKUMAR RAMAMOORTHY,J rna ( T) OP(TM)/176, 177 & 178/2023 (ORA/166,167& 168/2015/TM/CHN)
by Sekar Reporter · Published December 16, 2023
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Full order of THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition Nos. 4711 and 4717 of 2019 — 1. M. Ramesh 2. Ambika .. Petitioners in WP No. 4711 –For Petitioner : Mr. S. Anil Sandeep in both the Writ Petitions For Respondents : Mr. Stalin Abimanyu Government Counsel in both the Writ Petitions COMMON ORDER. – 23. In the above facts and circumstances of this case, the first respondent – Chief Secretary to the Government of Tamil Nadu is directed to issue necessary appropriate instruction as are necessary to the District Collectors and other authorities in the State to ensure that after expiry of the period of lease, the lease holders must fence the site and provide other safety parameters so that no such untoward incident will occur in future. 24. Accordingly, both the writ petitions are allowed. No costs. The fourth respondent is directed to disburse the amount of Rs.25,31,250/- with accrued interest, equally to the petitioners as compensation, within a period of four weeks from the date of receipt of a copy of this order, notwithstanding the sum of Rs.50,000/- each already paid to the petitioners–
by Sekar Reporter · Published September 6, 2021
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Honorable Justice Mr.N. Kirubakaran Mr.Rengapashyam, Mr.Ravindran, Mr.Parthasarathy, Mr.Raman of Adoc committee-MBA for taking the initiative to provide financial relief to all the members & their immediate family who have been admitted in hospitals for Covid 19 treatment . The affected members are requested to send the relevant details in the format attached with all the necessary supporting documents.
by Sekar Reporter · Published May 24, 2021