Delhi High Court - Orders
Hindustan Syringes And Medical Devices ... vs The Senior Examiner Of Trade Marks on 28 January, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 16/2022
HINDUSTAN SYRINGES AND MEDICAL
DEVICES LTD ..... Plaintiff
Through: Mr. Peeyoosh Kalra, Advocate with
Ms. V. Mohini and Mr. Udayvir
Rana, Advocates.
versus
THE SENIOR EXAMINER OF TRADE MARKS ..... Defendant
Through: Mr. Kirtiman Singh, CGSC.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 28.01.2022
[VIA VIDEO CONFERENCING]
I.A. 1455/2022 (exemption from filing certified copies typed copies of dim documents and documents with improper double space/ margins and translated copies of the annexures) and I.A. 1456/2022 (exemption from filing original documents)
1. Exemption is granted, subject to all just exceptions.
2. The Petitioner shall file better copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of. C.A.(COMM.IPD-TM) 16/2022
4. The present appeal, filed under Section 91 of the Trade Marks Act, 1999 [hereinafter, 'the Act'], impugns the Orders dated 14th September, 2018 and 19th March, 2020, passed by the Senior Examiner of Trade Marks in respect of Appellant's Trade Mark Application No. 2654034 in Class 10 Signature Not Verified Digitally Signed By:AKANSHA SINGH Signing Date:29.01.2022 00:05:29 for the mark 'DISPOSAFE'.
5. Mr. Peeyoosh Kalra, counsel for the Appellant, submits that the impugned order is contrary to law as it fails consider the fact that the trademark applied for was unique, being a combination of two words, and the Respondent could not have separated the same to come to the conclusion with the same were not liable to be registered under Section 9 (1) (a) and (b) of the Trade Marks Act, 1999.
6. Issue notice. Mr. Kirtiman Singh, CGSC, who has joined the proceedings, accepts notice on behalf of the Respondent. Petitioner shall forthwith furnish a copy of the petition to Mr. Kirtiman Singh.
7. Reply to the appeal be filed within a period of two weeks. Rejoinder thereto, if any, be filed before the next date of hearing.
8. Renotify on 22nd February, 2022.
SANJEEV NARULA, J JANUARY 28, 2022 d.negi Signature Not Verified Digitally Signed By:AKANSHA SINGH Signing Date:29.01.2022 00:05:29