At, Intellectual Property Appellate Board
By, THE HONOURABLE MR. JUSTICE K.N. BASHA
By, CHAIRMAN & THE HONOURABLE MR. SANJEEV KUMAR CHASWAL
By, TECHNICAL MEMBER (TRADEMARKS)
For the Applicant: None. For the Respondent: None.
ORDER (No.105 of 2014)
K.N. Basha, Chairman
The Miscellaneous Petition No.159/2014 in ORA/268/2008/TM/MUM is filed by the applicant seeking permission for withdrawal of the application. The applicant has filed this petition stating that --
'That I, Pramod Maheshwari, Proprietor of M/s Career Point Indian nationals at 112A, Shakti Nagar, Kota do hereby submit this Interlocutory Petition on the following grounds :-
1. That the petitioner herein is the applicant in respect of the above mentioned application for rectification, and the non-applicant is the registered proprietor of the trademark CAREER POINT.
2. That on April 25, 2013 the parties entered into a written compromise. It was admitted that applicant for rectification has been using the trademark/trade name CAREER POINT since the year 1993 in educational field and the non-applicant fully accepts this fact. The non-applicant shall not use this trademark or trade name CAREER POINT in any manner whatsoever in relation to its business, trade, service or in any other work either directly or indirectly and in similar or deceptively similar ie. nearly resembling this mark.
3. That the non-applicant has got this trade mark/trade name CAREER POINT registered with the Registrar, Trademark, Bombay (Maharashtra). That the parties as stated above have executed a deed of compromise along with the power of attorney and letter of authority so that in future all rights relating to proprietorship in this trademark/name vest in the name of the applicant for rectification and that the non-applicant has no objection in it and shall have no objection in future too.
4. That non-applicant has its trademark/trade name CAREER POINT and it is similar in colour composition, delineation, scheme or made nearly resembling labels would be under obligation not to use it and would not file a suit of copyright in relation to this trade mark/trade name in any manner and shall be under obligation for this purpose.
5. That the applicant for rectification, after this compromise shall not take any action in future against the non-applicant in case the later does not transgress the right in the trademark CAREER POINT of the applicant for rectification.
6. That civil revision petition by the non-applicant against the order under Or. 7 R. 11 C.P.C. was dismissed by Hon’ble High Court, Jaipur Bench (Rajasthan) and against it a review application is pending for disposal, shall be withdrawn by the non-applicant. Likewise, the applicant for rectification shall withdraw the criminal complaint presently pending investigation in the police station of Vigyan Nagar, Kota.
7. That it is humbly prayed, that in view of the above compromise in between the parties the dispute stood resolved the applicant for rectification wants to withdraw the rectification application made before this Hon’ble Intellectual Property Appellate Board.'
2. The reading of the above said contents of this Miscellan
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eous Petition reveals that there was an amicable settlement between the parties arrived on 25/04/2013 and it is also stated that the terms of compromise were arrived at between the parties as incorporated earlier. Accordingly this ORA/268/2008/TM/MUM is dismissed as withdrawn on the basis of compromise entered into between the parties.