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IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on:12.10.2026 Pronounced on: 30.10.2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI Ramesh Bishnoi No.240/443, 1st Floor, Sydenhams Road, Apparao Gardens, Choolai, Chennai - 600 112.

..Appellant(s)

Vs The Registrar of Trade Marks, Office of the Trade Marks Registry, Intellectual Property Buildings, G.S.T. Road, Guindy, Chennai - 600 032.

..Respondent(s)

PRAYER: This Civil Miscellaneous Appeal is filed under Section 91 of the Trade Marks Act, 1999 to allow the Appeal against the order of the Respondent dated 02.03.2026 and set aside the same and accept the Trade Mark Application No.4869008 filed on 18.02.2021 and advertise in the Trade Marks Journal.

For Appellant(s): Mrs.Gladys Rosette C.Daniel For Respondent(s): Mr.S.Nelson, Central Government Standing Counsel

JUDGEMENT

The above appeal has been preferred against the order dated 02.03.2026 passed by the Registrar of Trade Marks in Trade Mark Application No.4869008.

2. I have heard Mrs.Gladys Rosette C.Daniel, learned counsel for the appellant and Mr.S.Nelson, learned Central Government Standing Counsel for the respondent.

3. Submission of Mrs.Gladys Rosette C.Daniel, learned counsel for the appellant are summarised as follows:-

The appellant has adopted the Trade Mark, ELITE (Device), along with the tagline “Light Up Your Life” under Class 11. The appellant filed a Trademark Application on 31.03.2016 in Application No.3224642 for “ELITE”, “Light up Your Life”(Device) in Class 11, claiming that the appellant has been using the Trademark, ELITE ever since 2009.

4. One Mrs.Saroj Sharma, in and by Application No.3557184, again under Class 11, had applied for registration of Mark “ELITE” on 25.05.2017. It is the further contention of the learned counsel for the appellant that a partnership firm was constituted under the name and style of “M/s.Micro Lights” on 05.10.2017 in whose favour, the appellant granted licence of the trademark “Elite Light Up Your Life” (Device) on 09.10.2017. However, the Trade Mark Application No.3224642 in Class 11, for "Elite Light Up Your Life" (Device), was refused by the respondent citing the objection that the mark has already been registered in the name of Mrs.Saroj Sharma. The appellant issued a lawyers notice to the said Mrs.Saroj Sharma on 19.01.2021, to which a reply notice was also received by the appellant on 02.02.2021. It is thereafter on 18.02.2021 that the appellant filed the impugned Application for “Elite” (Device) under Class 11 in Application No.4869008. An examination report was issued on 24.02.2021, to which the appellant sent a reply on 04.03.2021. In the meantime Mrs.Saroj Sharma, proprietorix of Vinayak Electricals India, issued a lawyer's notice on 08.03.2021, to which the appellant sent a detailed reply on 15.03.2021. Pursuant to the exchange of the notices, the said Saroj Sharma, objected to the registration of appellant's Trade Mark “Elite” (Device) under A.No.4869008 under Class 11, on 16.04.2021. In response to the said objections, the appellant filed a reply along with supporting documents on

23.06.2021 and ultimately, the respondent refused the appellant’s objection.

5.Mrs.Gladys Daniel, learned counsel would further contended that as against the said refusal of the appellant’s application, the appellant preferred an Appeal before this Court and by order dated 14.03.2024, the impugned order dated 14.09.2023 passed by the respondent was set aside and the matter was remitted for fresh consideration. On 06.12.2024, the respondent proceeded to declare the withdrawal letter filed by the objector, Mrs.Saroj Sharma as void and infructuous and after conducting a virtual hearing, as permissible under Rule 115 of the Trade Marks Rules, 2017, (in short ‘Trade Marks Rules’) the respondent once again refused to register the appellant’s application “Elite”

(Device) by order dated 02.03.2026, which is presently under challenge in the present appeal.

6. It is th