Delhi High Court - Orders
Cipla Limited vs Union Of India Through Department Of ... on 24 July, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)-IPD 42/2025 & CM 190/2025, CM 191/2025
CIPLA LIMITED .....Petitioner
Through: Ms. Tusha Malhotra and Ms.
Sugandha Yadav, Advocates
versus
UNION OF INDIA THROUGH DEPARTMENT OF PROMOTION
OF INDUSTRY AND INTERNAL TRADE & ANR......Respondents
Through: Ms. Nidhi Raman, CGSC with Mr.
Om Ram, Advocate
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 24.07.2025
1. The present petition under Article 226 and 227 of the Constitution of India, has been filed seeking issuance of the writ to the Respondents to permit the Petitioner to file an application seeking renewal of its trademark 'TRIEXER' registered on 31.08.2007 bearing application no. 1371553.
2. It is stated in the petition that Petitioner has not been served with the statutory notice in Form RG-3 also known as the 'O3 notice' under Section 25(3) of the Trade Marks Act, 1999 and Rule 58(1) of the Trade Marks Rules, 2017.
3. It is stated that while checking the website of the Trademark Registry, the Petitioner learnt that its registered trademark 'TRIEXER' filed under application no. 1371553 was accompanied with an alert on the status stage, which reads as under: -
'trade mark likely to be removed due to non-filing of Renewal request within prescribed time limit'.
4. It is stated that upon verification of its office record; the Petitioner has W.P.(C)-IPD 42/2025 Page 1 of 2 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 28/07/2025 at 22:35:02 ascertained that the Petitioner has not received any 'O3 notice' from the Respondents.
5. Ms. Tusha Malhotra, learned counsel for the Petitioner states that upon the verification of Trade Mark Registry's status page for the Petitioner's trademark application no. 1371553 even on 23.07.2025 at 08:57 P.M., the status is still the same, and the Petitioner's trademark has not been removed, as yet. She states that she will place on record the status report dated 23.07.2025.
6. Issue notice.
7. Ms. Nidhi Raman, Standing Counsel accepts notice. She states that she will seek instructions in this matter.
8. The Petitioner is directed to re-serve a copy of the paper-book to the counsel, who enters appearance on behalf of the Respondents during the course of the day.
9. In the meantime, Respondents are restrained from removing the Petitioner's registered trademark 'TRIEXER', which was registered on 31.08.2007.
10. List the matter before the Court for hearing and disposal on 19.08.2025.
11. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J JULY 24, 2025/rhc/MG W.P.(C)-IPD 42/2025 Page 2 of 2 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 28/07/2025 at 22:35:02