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Yking Tools Manufacturing Co. Ltd. v/s Tarun Enterprises Pvt. Ltd. & Others


Company & Directors' Information:- J B M TOOLS LIMITED [Not available for efiling] CIN = U29220DL1990PLC039494

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209WB1984PLC037758

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209GJ1984PLC098951

Company & Directors' Information:- A B TOOLS PRIVATE LIMITED [Active] CIN = U34300HP1981PTC004369

Company & Directors' Information:- TARUN ENTERPRISES PRIVATE LIMITED [Active] CIN = U27106DL1997PTC085596

Company & Directors' Information:- INDIA MANUFACTURING CORPORATION PRIVATE LIMITED [Active] CIN = U24100DL2010PTC198947

Company & Directors' Information:- C & S TOOLS PRIVATE LIMITED [Active] CIN = U28910TN2007PTC064404

Company & Directors' Information:- S I A MANUFACTURING PRIVATE LIMITED [Active] CIN = U74120UP2013PTC057004

Company & Directors' Information:- TOOLS INDIA PRIVATE LIMITED [Active] CIN = U74899DL1972PTC006391

Company & Directors' Information:- S K M MANUFACTURING PRIVATE LIMITED [Active] CIN = U17200DL2011PTC223768

Company & Directors' Information:- TARUN TOOLS PRIVATE LIMITED [Active] CIN = U52100JH2013PTC001460

Company & Directors' Information:- S T S MANUFACTURING PRIVATE LIMITED [Active] CIN = U28112TZ2006PTC012940

Company & Directors' Information:- H. R. TOOLS PRIVATE LIMITED [Active] CIN = U28997PB2020PTC051158

Company & Directors' Information:- R R TOOLS PRIVATE LIMITED [Active] CIN = U29220TN2007PTC064374

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Active] CIN = U27109WB1991PTC051461

Company & Directors' Information:- G D TOOLS PVT LTD [Active] CIN = U28932PB1988PTC008164

Company & Directors' Information:- M G TOOLS PRIVATE LIMITED [Active] CIN = U29199DL2005PTC142466

Company & Directors' Information:- A K MANUFACTURING PVT LTD [Active] CIN = U51909MN1988PTC003110

Company & Directors' Information:- I T A C (INDIA) MANUFACTURING CO LTD [Dissolved] CIN = L51109WB1982PLC034689

Company & Directors' Information:- S N TOOLS PVT LTD [Active] CIN = U29224OR1984PTC001448

Company & Directors' Information:- J D MANUFACTURING CO PVT LTD [Active] CIN = U51909WB1996PTC079825

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Not available for efiling] CIN = U36900WB1991PTC005146

Company & Directors' Information:- B R D MANUFACTURING PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085188

Company & Directors' Information:- M. C. TOOLS PRIVATE LIMITED [Active] CIN = U29253DL2010PTC202500

Company & Directors' Information:- C AND W TOOLS PRIVATE LIMITED [Strike Off] CIN = U29295TZ1994PTC005125

Company & Directors' Information:- R J S MANUFACTURING PRIVATE LIMITED [Active] CIN = U27104DL1997PTC090521

Company & Directors' Information:- B U MANUFACTURING PVT LTD [Active] CIN = U51109WB1982PTC035271

Company & Directors' Information:- M M MANUFACTURING PVT LTD [Active] CIN = U26922WB1993PTC059837

Company & Directors' Information:- C R TOOLS PRIVATE LIMITED [Active] CIN = U02922TZ1995PTC005891

Company & Directors' Information:- J. C. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U21099WB2020PTC236821

Company & Directors' Information:- S B MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U31506WB1999PTC088567

Company & Directors' Information:- K R TOOLS PRIVATE LIMITED [Active] CIN = U29256DL2004PTC125530

Company & Directors' Information:- K. V. J. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U29308DL2017PTC320213

Company & Directors' Information:- A T E MANUFACTURING CO PRIVATE LIMITED [Amalgamated] CIN = U28999GJ1973PTC002296

Company & Directors' Information:- V R E TOOLS PRIVATE LIMITED [Active] CIN = U29268KA2010PTC052674

Company & Directors' Information:- YKING TOOLS MANUFACTURING COMPANY LIMITED [Active] CIN = U74899DL1990PLC040997

Company & Directors' Information:- M. B. TOOLS PRIVATE LIMITED [Active] CIN = U31909MH1981PTC024989

Company & Directors' Information:- J P MANUFACTURING AND CO PVT LTD [Strike Off] CIN = U51226WB1982PTC034927

Company & Directors' Information:- D. K. MANUFACTURING (INDIA) LIMITED [Strike Off] CIN = U37200WB2011PLC170403

Company & Directors' Information:- S M MANUFACTURING COMPANY PRIVATE LIMITED [Active] CIN = U34300HR1997PTC057824

Company & Directors' Information:- G K MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U34300PB2012PTC036073

Company & Directors' Information:- I K TOOLS PRIVATE LIMITED [Strike Off] CIN = U29254UR2014PTC001273

Company & Directors' Information:- P & B MANUFACTURING PRIVATE LIMITED [Active] CIN = U29254TN2010PTC076696

Company & Directors' Information:- B. V. H. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U74999GJ2018FTC100633

Company & Directors' Information:- G R S TOOLS PVT LTD [Active] CIN = U27209TN1987PTC015083

Company & Directors' Information:- J R D TOOLS PRIVATE LIMITED [Strike Off] CIN = U29222PB1996PTC018595

Company & Directors' Information:- V K TOOLS PRIVATE LIMITED [Strike Off] CIN = U28939TN1997PTC039072

Company & Directors' Information:- S S R M TOOLS PRIVATE LIMITED [Active] CIN = U21011TG1998PTC028908

Company & Directors' Information:- G B TOOLS LIMITED [Strike Off] CIN = U28112PB2010PLC033967

Company & Directors' Information:- R A MANUFACTURING COMPANY PRIVATE LIMITED [Strike Off] CIN = U36900HR2012PTC047669

Company & Directors' Information:- A N Y TOOLS PVT LTD [Strike Off] CIN = U29299WB1977PTC030867

Company & Directors' Information:- J D TOOLS PRIVATE LIMITED [Strike Off] CIN = U29294DL1988PTC032010

Company & Directors' Information:- S C R TOOLS PRIVATE LIMITED [Active] CIN = U28931KA1976PTC003003

Company & Directors' Information:- V V TOOLS PRIVATE LIMITED [Active] CIN = U28939PB1995PTC016956

Company & Directors' Information:- B I. TOOLS PRIVATE LIMITED [Strike Off] CIN = U99999GJ1986PTC009232

Company & Directors' Information:- A K R MANUFACTURING PRIVATE LIMITED [Active] CIN = U19200RJ2012PTC041177

Company & Directors' Information:- A J M TOOLS PRIVATE LIMITED [Active] CIN = U29292DL2014PTC265452

Company & Directors' Information:- R AND R TOOLS PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109176

Company & Directors' Information:- C N C MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U64204DL2015PTC281449

Company & Directors' Information:- G TOOLS PRIVATE LIMITED [Strike Off] CIN = U29246TZ1990PTC002595

Company & Directors' Information:- S K TOOLS PVT LTD [Strike Off] CIN = U00339GA1982PTC000488

    ORA 66 of 2008/TM/DEL

    Decided On, 18 September 2014

    At, Intellectual Property Appellate Board

    By, THE HONOURABLE MR. JUSTICE K.N. BASHA
    By, CHAIRMAN & THE HONOURABLE MR. SANJEEV KUMAR CHASWAL
    By, TECHNICAL MEMBER

    For the Applicant: Kamal Garg, Advocate. For the Respondents: None.



Judgment Text

(CIRCUIT SITTING AT DELHI)

ORDER (No.128 of 2014)

K.N. Basha, Chairman:

This application is filed for the relief of removal of the trade mark from the register of trade marks in respect of ‘Y-KING bearing Registration No.1349979 in Class 7, in the name of Tarun Enterprises Pvt. Ltd., the respondent No.1 herein.

2. Mr. Kamal Garg, the learned counsel for the applicant is present today. The learned counsel for the respondent Mr. V.P. Ghiraya is no more as per the information given by one of the counsel before this Bench.

3. Mr. Kamal Garg, the learned counsel would submit that the matter was settled amicably between the parties namely applicant and respondent as per the memorandum of settlement dated 10.09.2014, copy of the resolution dated 10.09.2014 passed by the applicant company and the copy of the resolution dated 03.09.2014 passed by the respondent No.1. The learned counsel for the applicant would also produced the original memorandum settlement dated 10.09.2014 and the original copy of the resolution passed by the respondent No. dated 03.09.2014 before us. As per the resolution of the applicant company dated 10.09.2014, Mr. V.K Garg, Director of the company has been authorized to make the statement made by way of affidavit or in oath in respect of the present Rectification Petition for and on behalf of the company and also authorized to execute the memorandum of settlement that the respondent No.1 company namely Tarun Enterprises Private Limited.

4. The respondent No.1 passed the resolution dated 03.09.2014 resolving and authorizing Shri Baldev Kumar Gupta to execute the memorandum of settlement with the applicant company in respect of the present Rectification Petition.

5. The memorandum of settlement dated 10.09.2014 signed by the applicant company and as well as by the respondent No.1 company reads hereunder:

'MEMORANDUM'

Reading of the above said memorandum of settlement reveals that this matter is settled between the parties namely, the applicant and the respondent No.1 on the basis of the terms and condition contained in the above said memorandum of settlement dated 10.09.2014. Recording the above said settlement arrived between the parties, we are also pointing out the specific terms and conditions incorporated in the above said memorandum of settlement. The main ground of settlement as per clause 3 of the memorandum of settlement reads hereunder:-

"3. that the party of the second part agrees to surrender the registered trade mark Y-KING vide registration No.1349979 in Class 07 in favour of Party of the First Part as being the prior adopter and user of the trade mark YKING in respect of Power Tools and allied goods thereof. The party of the second part agreed to assign the trade mark Y-KING under No.1349979 in Class 07 and further agreed to execute all documents concerned thereto in favour of the Party of the First Part."

6. It is seen that on the basis of th

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e settlement is also in respect of the other terms and conditions as incorporated in Clause 4, 5 & 6 in the memorandum of settlement dated 10.09.2014. As per the undertaking given by the applicant herein in the memorandum of settlement, the Rectification Petition in ORA/66/2008/TM/DEL is hereby dismissed as withdrawn as not pressed.
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