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C.O. (COMM.IPD-TM) 369/2022 YVES SAINT LAURENT PARFUMS S.A ..... Petitioner
Through: Mr. Rishabh Gupta and Mr. Mankaran Singh, Advs.
Through: Ms. Meenu Sharma, Adv. For R-1 Mr. Harish Vaidyanathan Shankar, CGSC, Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat, Mr. Alexander Mathai Paikaday, Mr. Sriram and Mr. Krishnana V, Advs.
21.08.2023
JUDGMENT
1. This is a rectification petition by the petitioner under Section 57 of the Trade Marks Act challenging the registration of the word mark “WHITE OPIUM” in favour of the respondent in Class 3 vide registration no. 2085079 with effect from 14 January 2011.
2. Ms. Meenu Sharma, learned Counsel for the respondent submits, on instructions, that the mark has expired by efflux of time as has not been renewed and her client does not intend to use the said mark in future or any further. C.O. (COMM.IPD-TM) 369/2022
3. As such, the Registry of Trade Marks is directed to rectify the register by removal therefrom of the impugned mark “WHITE OPIUM” registered in favour of the respondent vide registration NO. 2085079 dated 14 January 2011.
4. This petition is disposed of in the aforesaid terms.
C.HARI SHANKAR, J AUGUST 21, 2023