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2026 Supreme(Online)(Mad) 74588
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Kumaresh Babu, J
M/S.VINBROS AND CO. – Appellant
Versus
UNION OF INDIA – Respondent
W.P(IPD) No.19 of 2026
For the Appellants/Petitioners: Jacob Kurian
For the Respondents: S. Nelson, Anirudh Krishnan
The court ordered the transfer of a rectification petition from the Trademark Registry to the High Court's Intellectual Property Division to be tried alongside a related trademark proceeding between the same parties to ensure judicial consistency.
Headnote:(A) Intellectual Property Division - Transfer of Rectification Petition - Consolidation of proceedings - Where a related trademark dispute between the same parties regarding similar products is already pending before the IP Division, it is imperative to transfer the rectification petition from the Registry to the Court for joint trial to ensure consistency. (Para 2)
Issues: Whether the Rectification Petition No.291447 should be transferred to the Intellectual Property Division of the High Court to be tried along with T.M.(OP)No.43 of 2026.
| Table of Content |
|---|
| 1. transfer of related trademark proceedings for consolidated trial to ensure consistency. (Para 1 , 2) |
| 2. order of transfer of rectification petition and disposal of writ petition. (Para 3 , 4) |
PRAYER :
Petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus directing the respondents 1 to 4 to transfer the Rectification Petition under No.291447 initiated against Trademark Registration No.1647046 for the mark in Class 33 filed by the petitioner against the fifth respondent before the fourth respondent to the files of the Intellectual Property Division of this Hon’ble Court.
O R D E R
The present writ petition has been filed to direct respondents 1 to 4 to transfer Rectification Petition No.291447 initiated by the petitioner against the fifth respondent’s Trademark Registration No.1647046 in Class 33 from the file of the fourth respondent to the Intellectual Property Division of this Hon’ble Court.
2. Even though the writ petition has been severely contested by the learned counsel for the respondents, it is to be noted that the respondents have taken out an independent application seeking rectification of the petitioner’s trademark in T.M.(OP)No.43 of 2026 and the present application that is sought to be present before this Court is a rectification application filed by the petitioner as against the trademark that stood registered in the name of the fifth respondent. Even though the said application is filed independently, it is to be noted that the trademark for which the lis between the parties namely, the petitioner and the fifth respondent is with regard to the trademark that has been registered by them for the respective products which are IMFL products. Hence, this Court is of the view that it would be imperative that the rectification application filed by the petitioner against the respondents which is pending before the Registry be tried along with T.M.(OP)No.43 of 2026.
3. Accordingly, the Rectification Petition No.291447 pending before the fourth respondent is withdrawn and shall stand transferred to the Intellectual Property Division of this Court and be listed along with T.M.(OP)No.43 of 2026.
4. This Writ Petition is ordered accordingly. No costs.
04-08-2026
Index: Yes/No
Speaking/Non-speaking order Neutral Citation: Yes/No
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