M/S MAHAVIR HOME APPLIANCES v. CONTROLLER GENERAL OF PATENTS, DESIGNS
WP/6383/2022 · 2026-07-17
Hanchate Sanjeevkumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28909 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28909 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010129492022 NC: 2026:KHC:36800 WP No. 6383 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR WRIT PETITION NO. 6383 OF 2022 (IPR)
BETWEEN:
1.
M/S MAHAVIR HOME APPLIANCES AN INDIAN PARTNERSHIP FIRM, NO.40, SANGHVI BLAR TOWER, 1ST AND 2ND FLOOR, 2ND CROSS ROAD, SOURASHTRAPET, BENGALURU – 560 053.
REPRESENTED HEREIN BY ITS PARTNER SHRI. DEVICHAND S. JAIN, S/O LATE SHRI. SUMERMAL JAIN.
…PETITIONER (BY SRI. SIVARAMAN VAIDYANATHAN, ADVOCATE)
AND:
1.
CONTROLLER GENERAL OF PATENTS, DESIGNS DESIGNS AND TRADE MARKS, BOUDHIK SAMPADA BHAVAN, ANTOP HILL, S.M. ROAD, MUMBAI – 400 037.
2.
DEPUTY REGISTRAR OF TRADE MARKS TRADE MARKS REGISTRY, MUMBAI, BOUDHIK SAMPADA BHAVAN,
Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010129492022 NC: 2026:KHC:36800 WP No. 6383 of 2022
ANTOP HILL, S.M. ROAD, MUMBAI – 400 037.
3.
DEPUTY REGISTRAR OF TRADE MARKS TRADE MARKS REGISTRY, CHENNAI, INTELLECTUAL PROPERTY RIGHTS BUILDING, G.S.T. ROAD, CHENNAI – 600 032.
4.
RAHUL JAIN FATHERS NAME NOT KNOWN TO THE PETITIONER 31, M.M. LANE, GANIGARPET, NAGARTHPET, BENGALURU – 560 002.
…RESPONDENTS (BY SRI. A CHANDRACHUD, ADVOCATE FOR R1 TO R3;
R4 IS SERVED)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W THE TRADE MARKS ACT, 1999 AND THE TRIBUNALS REFORMS ACT, 2021 PRAYING TO DIRECT THE 1ST TO 3RD RESPONDENTS TO FORTHWITH RECTIFY, CANCEL AND EXPUNGE ALL RECORDS/ENTRIES FROM THE REGISTER OF TRADE MARKS IN RELATION TO REGISTERED TRADEMARK NO.4766030 IN CLASS 21 STANDING IN THE NAME OF THE 4TH RESPONDENT PRODUCED AS ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
CNR: KAHC010129492022 NC: 2026:KHC:36800 WP No. 6383 of 2022
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Learned counsel for the appellant has filed a memo dated 15.07.2026 to withdraw the appeal, which reads as under:
“MEMO OF WITHDRAWAL
“The under-signed appearing for the Petitioner respectfully submits that upon receipt of the notice in the present W.P. 6383/2022, the Respondent No. 4 who is the contesting Respondent has approached the Petitioner and disclosed that the Respondent No. 4 has two further trademark registrations for the same mark i.e., MYRALLE in classes 09 and 11 under trademark nos. 4766031 and 4766029 respectively and also offered to assign all the said registered trademarks to the Petitioner in consideration of the Petitioner agreeing to withdraw the present W.P. 6383/2022 and also agreeing not to take any further legal action against the Respondent No. 4 for any infringement or passing off of the Petitioner's prior used and registered trademark RALLY. In pursuance of the same, the parties have executed a Deed of Assignment dated 19/07/2022 and a true copy of the same is enclosed herewith. The Petitioner respectfully submits that in light of the assignment of the subject matter of the present petition
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HC-KAR
CNR: KAHC010129492022 NC: 2026:KHC:36800 WP No. 6383 of 2022
in favour of the Petitioner, the Petitioner does not intend to pursue the present petition for rectification of registered trademark no. 4766030 and the Petitioner prays that the present W.P. 6383/2022 be dismissed as withdrawn, in the interests of law, justice and equity.”
2. Accepting the said memo and submission of the
learned counsel for the appellant is taken on record.
Accordingly, the appeal is dismissed as withdrawn.
Sd/- (HANCHATE SANJEEVKUMAR) JUDGE
rv List No.: 1 Sl No.: 22