The Procter and Gamble Company v. M/s. Limar Enterprises
OP(TM)/56/2024 · 2026-04-29
Senthilkumar Ramamoorthy
Transfer Petitionbody2024
DailyLaw.ai
[ 2024 DAILYLAW 3005 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 3005 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OP(TM) No. 56 of 2024 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY OP(TM) No. 56 of 2024 The Procter and Gamble Company One Procter and Gamble Plaza, Cincinnati, State of Ohio, 45202-3315, United States of America. Represented herein by its Power of Attorney Holder Mr. Shubham Istrewal Having office at P and G Plaza, Cardinal Gracious Road Chakala Andheri East, Mumbai - 400 099. ..Petitioner(s) Vs
1. M/s. Limar Enterprises Represented by its Authorised Signatory Room No. P.P.5/318H, ( new No. P.P - 17 / 57), Engapuzha, Puduppady Post Kozhikode Dt, Kerala, India 673586. 2. The Registrar of Trade Marks Office of the Trade Marks Registry, Boudhik Sampada Bhavan, G.S.T. Road, Guindy, Chennai – 600032. ..Respondent(s) PRAYER: Original Petition (Trade Marks) is filed under Sections 47, 57 and 125 of the Trade Marks Act, 1999, pleased to remove the entry in the Register in respect of the registration under No. 3154889 in Class 03 in the name of the Respondent No. 1 from the Register of Trade marks. For Petitioner(s): Mr.Abishek Jenasenan https://www.mhc.tn.gov.in/judis
OP(TM) No. 56 of 2024 __________ Page2 of 4 For Respondent(s): Mr.S.Diwakar for R1 Mr.K.Subbu Ranga Bharathi, CGSC for R2 ORDER In a connected suit before the Bombay High Court in relation to multiple marks, including the mark impugned herein, the contesting parties reached a settlement. Said suit was disposed of in terms of such settlement. Clauses 4(b) and 5 of the consent terms, which are germane for purposes of present proceedings, are set out below:
“4(b) the Defendants agree and undertake to file an application before the Trade Marks Registry for amending the specification of goods covered under the trade mark registration for the mark VIVO under No.3154889 in class 3 from “Bleaching preparations and substances for laundry use; detergent cakes and detergent powder” to “detergent cakes and detergent powders for utensils/dishwashing only; not to be used for washing preparations and other substances for laundry use, preparations for the care, treatment and beautification of fabrics, fabric softeners, fabric enhancers, laundry bleach or preparations”. 5.
5. As regards the Petition [O.P.(TM) No.56 of 2024)] filed before the Hon’ble Madras High Court by the Plaintiff No.2 for cancellation of the trade mark VIVO under registration No.3154889 in class 3, in view of the undertakings of the Defendants in paragraph 4, the Plaintiff No.2 agrees and undertake to withdraw the said Petition within a period 2 weeks from the Defendants’ https://www.mhc.tn.gov.in/judis
OP(TM) No. 56 of 2024 __________ Page3 of 4 request for amending the specification of goods from “Bleaching preparations and substances for laundry use; detergent cakes and detergent powder” to “detergent cakes and detergent powders for utensils/dishwashing only; not to be used for washing preparations and other substances for laundry use, preparations for the care, treatment and beautification of fabrics, fabric softeners, fabric enhancers, laundry bleach or preparations” being reflected in the online records of the Trade Marks Registry, pertaining to the said registration.”
2. In view of the contesting respondent having filed an application for amendment as per clause 4(b) above, learned counsel for the petitioner submits that he is withdrawing this petition. He has made an endorsement for that purpose. 3. Therefore, this petition is dismissed as withdrawn without any order as to costs. The second respondent, Registrar of Trade Marks, is directed to dispose of the application for amendment, which was filed by the first respondent, within three months from the date of receipt of a copy of this order. 29-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA To The Registrar of Trade Marks, Office of the Trade Marks Registry, Boudhik Sampada Bhavan, G.S.T. Road, Guindy, Chennai - 600032 https://www.mhc.tn.gov.in/judis
OP(TM) No. 56 of 2024 __________ Page4 of 4 SENTHILKUMAR RAMAMOORTHY, J. RNA OP(TM) No. 56 of 2024 29-04-2026 https://www.mhc.tn.gov.in/judis