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2019 Supreme(Mad) 1103

S.VAIDYANATHAN
. – Appellant
Versus
. – Respondent


JUDGMENT :

The Applicant/(1st Defendant in the suit) has come forward with these Applications, seeking for the following relief:

Application Number

Relief

A.No.8172 of 2018

To frame a preliminary issue regarding invalidity of the plaintiff's Registration under No.487453 for the mark ZINCOVIT in C.S.No.433 of 2018

A.No.8173 of 2018

To grant leave to the Defendant No.1 to institute Rectification proceedings before the Hon'ble Intellectual Property Appellate Board against the registration No.487453 in Class 5 for the trade mark ZINCOVIT in the name of the plaintiff by imposing a condition or limitation regarding exclusive right to the word Zinc as held by the Division bench of this Hon’ble Court in the case titled as APEX LABORATORIES LTD VS ZUVENTUS HEALTH CARE LTD., reported in MANU/TN/9346/2006 and Section 13 of the Trade marks Act 1999.

Prayer in C.S.No.433 of 2018:

2. In the plaint, the Plaintiff has sought for (a) a permanent injunction restraining the defendants, by itself, its pa











































































































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