Delhi High Court - Orders
Societe Des Produits Nestle S A vs The Registrar Of Trade Marks on 30 April, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 26/2024 & I.A. 9555/2024
SOCIETE DES PRODUITS NESTLE S A ..... Appellant
Through: Mr. Manish Kumar Mishra, Ms.
Akansha Singh, Mr. Saloni Kashiwal,
Mr. Shruti Manchanda & Mr. Saransh
Saini, Advocates.
versus
THE REGISTRAR OF TRADE MARKS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar
(CGSC, Mr. Srish Kumar Mishra, Mr.
Alexander Mathai Paikaday, Mr.
Lakshay Gunawat and Mr. Krishnan
v., Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 30.04.2024
1. The present appeal has been filed under Section 91 of the Trade Marks Act, 19991 challenging the order dated 25th January 2024 passed by the Ld. Registrar of Trade Marks, refusing grant of registration for Appellant's Trademark Application No. 4990611, dated 1st June, 2021, for the series mark ' ' under 1 "Act"
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2024 at 00:10:18 Classes 05 and 29.
2. At the outset, Mr. Manish Kumar Mishra, counsel appearing for Appellant, submits that the senior examiner has erronously refused their application recording that "subject part is simply common/generic word in common parlance hence cannot be said to the an invented word". He argues that the mark, as depicted above, is clearly distinctive, an artistic impression and is certainly not a word mark.
3. Issue notice. Mr. Harish Shankar Vaidhyan, counsel for Respondent accepts notice and states that he shall examine this issue and take appropriate instructions. Reply be filed within a period of four weeks from the date of this order. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
4. Renotify on 31st July, 2024.
SANJEEV NARULA, J APRIL 30, 2024/da This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2024 at 00:10:18