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Madras High Court Adjudicates Cross-Petitions for Rectification of Trade Mark Register Under Sections 47, 57, and 125 of Trade Marks Act, 1999. Dispute Involves Competing Claims for Removal of Respective Registered Marks in Class 9.

High Court: Madras High Court Bench: Principal
Admin
2026-10-28 21:20:32
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Issue of Consideration

(T) OP (TM) No.532 of 2023

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Case Details

2025 LawText (MAD) (02) 3

(T) OP (TM) No.532 of 2023 and OP (TM) No.59 of 2024

2025-02-20

SENTHILKUMAR RAMAMOORTHY

2025:MHC:490

R.Sathishkumar, Ramesh Ganapathy, S.Janarthanam

Solidaire Digital Electronics Private Limited, Salahudeen Abdhullatheef

Salahudeen Abdhullatheef, The Registrar of Trade Marks, Solidaire Digital Electronics Private Limited

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Nature of Litigation

Rectification of the trademark register for two registered trademarks in Class 9

Remedy Sought

In 532/2023: expunge trademark TM No.3882705 in Class 9; in 59/2024: remove trademark TM No.1574746 in Class 9

Judgment Excerpts

(T) OP (TM) No.532 of 2023 has been filed by the Solidaire Digital Electronics Private Limited (Solidaire Private Limited) to rectify the register of trade marks with regard to the trademark , which was registered under TM No.3882705 in Class 9 in relation to inter alia Compact Discs, DVDs and other digital recording media. OP (TM) No.59 of 2024 was filed by Salahudeen Abdhullatheef (Abdhullatheef) to rectify the register of trade marks in respect of the trademark , which was registered under TM No.1574746 in Class 9 in respect of all types of electronics and communication equipments and wireless equipments.

Procedural History

Two original petitions for trademark rectification were filed: (T) OP (TM) No.532 of 2023 by Solidaire Digital Electronics Private Limited against Salahudeen Abdhullatheef and the Registrar of Trade Marks, seeking expungement of trademark TM No.3882705; and OP (TM) No.59 of 2024 by Salahudeen Abdhullatheef against Solidaire Digital Electronics Private Limited and the Registrar of Trade Marks, seeking removal of trademark TM No.1574746. The matters were heard together and a common order was passed on 20.02.2025.

Acts & Sections

  • Trade Marks Act, 1999: 47, 57, 125
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Tags :
trademark rectification Trade Marks Act 1999 Class 9 expungement register of trademarks cross-petitions original petition

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