Settlement-based withdrawal of trade mark cancellation petition upheld with directions for amendment processing.

ORDER

In a connected suit before the Bombay High Court in relation to multiple marks, including the mark impugned herein, the contesting parties reached a settlement. Said suit was disposed of in terms of such settlement. Clauses 4(b) and 5 of the consent terms, which are germane for purposes of present proceedings, are set out below:

“4(b) the Defendants agree and undertake to file an application before the Trade Marks Registry for amending the specification of goods covered under the trade mark registration for the mark VIVO under No.3154889 in class 3 from “Bleaching preparations and substances for laundry use; detergent cakes and detergent powder” to “detergent cakes and detergent powders for utensils/dishwashing only; not to be used for washing preparations and other substances for laundry use, preparations for the care, treatment and beautification of fabrics, fabric softeners, fabric enhancers, laundry bleach or preparations”.

5. As regards the Petition [O.P.(TM) No.56 of 2024)] filed before the Hon’ble Madras High Court by the Plaintiff No.2 for cancellation of the trade mark VIVO under registration No.3154889 in class 3, in view of the undertakings of the Defendants in paragraph 4, the Plaintiff No.2 agrees and undertake to withdraw the said Petition within a period 2 weeks from the Defendants’

request for amending the specification of goods from “Bleaching preparations and substances for laundry use; detergent cakes and detergent powder” to “detergent cakes and detergent powders for utensils/dishwashing only; not to be used for washing preparations and other substances for laundry use, preparations for the care, treatment and beautification of fabrics, fabric softeners, fabric enhancers, laundry bleach or preparations” being reflected in the online records of the Trade Marks Registry, pertaining to the said registration.”

2. In view of the contesting respondent having filed an application for amendment as per clause 4(b) above, learned counsel for the petitioner submits that he is withdrawing this petition. He has made an endorsement for that purpose.

3. Therefore, this petition is dismissed as withdrawn without any order as to costs. The second respondent, Registrar of Trade Marks, is directed to dispose of the application for amendment, which was filed by the first respondent, within three months from the date of receipt of a copy of this order.