At, Intellectual Property Appellate Board
By, THE HONOURABLE SMT. JUSTICE PRABHA SRIDEVAN CHAIRMAN & THE HONOURABLE MS. S. USHA VICE CHAIRMAN
For the Applicant: None. For the Respondents: None.
PRABHA SRIDEVAN, CHAIRMAN:
1. As per our directions on 29.07.2011, the Counsel for applicant undertook to produce the original copy of the Decree passed by the 13th Addl. Chief Judge, City Civil Court in OS No. 245/2008. It has been produced today. We see that the plaintiff is the respondent therein and the defendant is the applicant herein A Memo of Compromise was filed wherein it was agreed that the applicant was proprietor of mark 'CBM' in relation to certain goods and the respondent could use service mark 'CBM' in relation to certain other goods.
In terms of compromise memo as under:
(i) Agreed that Computer Business Management (India) Ltd., are the proprietors of the trade name/trade mark/service mark 'CBM' in respect of publishing and printing of School Academic Workbooks, Text Books, Computer Books, Computer Workbooks, and Audio Visual books, Software development, content development and computer education which trade name/trade mark/ service mark they have been using since the year 1995.
(ii) Agreed that the plaintiff shall be entitled and have the right to use the service mark 'CBM’ in relation to ‘publication of instructional material, prospectus and software for its program 'Certified Bank Manager' offered by the Plaintiff and the said Computer Business Management (India) Ltd shall not, in any manner, object to or oppose such restricted use by the Plaintiff.
(iii) Agreed that the Plaintiff shall not object to the registered trade mark bearing No.1374499 in class 41 dated 20th July, 2005 being rectified by partial varying the specification of services to : 'Publication of instructional material, prospectus and software for the program titled ‘Certified Bank Manager’; educational competitions; production of television and radio programs included in class 41' and shall consent to appropriate orders being passed by the Intellectual Property Appellate Board.
(iv) Agreed that the Plaintiffs shall not oppose any Application of the said Computer Business Management (India) Ltd and that they will not object to the registration of the trade mark 'CBM' of123 Computer Business Management (India) Ltd nor will they object to the user of the said trade mark 'CBM' by Computer Business Management (India) Ltd nor will they challenge the registration of the trade mark 'CBM' of Computer Business Management (India) Ltd as and when registered nor will they file any application for Rectification or for removal of the said trade mark as and when registered.
(v) The present Consent terms are filed to put an end to the litigation between the Plaintiffs and the said Computer Business Management (India) Ltd. and the defendants herein, and the Plaintiffs herein agrees and undertakes to this Hon’ble Court that the Plaintiffs give up their claims in this suit and that the plaintiffs shall not ask or demand, directly or indirectly any documents, material, information of whatsoever nature from the defendants for any purpose, in respect of the subject matter of the present suit.
(vi) In light of the abo
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ve, the Interim Application No. 4975 of 2008 does not survive and stands disposed off accordingly and all ad-interim orders if any to stand vacated. (vii) Each party to bear its own costs. This Rectification Application is allowed in terms of the compromise and the Registrar shall make the required changes in accordance with law.