Madras High Court
WP/29862/2008 of M/S. A. HABEEBUR RAHMAN Vs MR. K. RAJENDER on 22 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2026
CORAM
THE HON'BLE MR JUSTICE P. VELMURUGAN
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
W.P.No.29862 of 2008
CNR:{HCMA010172612008}
M/s. A.Habeebur Rahman Sons,
S.Beedi Factory, 245, Thalayatham Bazaar, Santhapet, Gudiyatham Tamil Nadu.
..Petitioner(s)
Vs
1. K.Rajender
Trading as K.Rajender & Sons
16-10-751, Shivanagar, Warangal - 506 002, Andhra Pradesh.
2. The Deputy Registrar
Intellectual Property Appellate Board,
Guna Complex, Anna Road,
Teynampet, Chennai - 600 018.
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in O.R.A.No.178/2007/TM/CH dated 31/10/2008 and quash the same and consequently allow O.R.A.No.178/2007/TM/CH filed by the petitioner against the 1st respondent.
For Petitioner(s):
Mr.K.M.Aasim Shehzad
For Respondent(s):
Mr.V.Sivakumar for R1
No Appearance for R2
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O R D E R
(Order of the Court was made by GK.Muthukumaar, J.) This Writ Petition has been filed challenging the order dated 31.10.2008 passed by the second respondent in the impugned rectification bearing No. O.R.A.No.178/2007/TM/CH.
2. The impugned rectification seeks cancellation of the trademark registration No.1072315 in Class 34, registered with the Trade Marks Registry, Chennai.
3. When the matter was taken up for hearing, the learned counsel for the petitioner would submit that the impugned trademark registration has not been renewed beyond 08.01.2009. He has filed a memo to this effect along with the online status report of the said trademark registration which shows that no request for renewal has been filed within the prescribed time limit.
4. Therefore, it is clearly evident that the said trademark registration has lapsed on account of non-renewal.
5. Therefore, it is only just and necessary, in order to maintain the purity of the Register of Trade Marks, to remove this trademark registration, which has lapsed for non-renewal.
6. Hence, the Registrar of Trade Marks, Chennai, is directed to remove the entry pertaining to the said trademark registration No.1072315 in Class 34 from the Register of Trade Marks within a period of four weeks from the date of receipt of a copy of this order.
7. Nothing further remains for consideration and hence, this Writ Petition is disposed of accordingly. There shall be no order as to costs. (P.V.,J.) (G.K.M.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ms To
1. The Deputy Registrar Intellectual Property Appellate Board, Guna Complex, Anna Road, Teynampet, Chennai - 600 018.
2. The Registrar of Trade Marks, Trade Marks Registry, Chennai.
P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. ms W.P.No.29862 of 2008 22-09-2026