Delhi High Court - Orders
Volkswagen Ag vs The Registrar Of Trade Marks And Anr on 3 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 30/2024
VOLKSWAGEN AG ..... Appellant
Through: Mr. Jayant Kumar and Ms. Ruchi
Singh, Advocates.
versus
THE REGISTRAR OF TRADE MARKS AND ANR .... Respondents
Through: Ms. Saumya Tandon, CGSC with
Mr. Akash Meena, GP for R-1.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 03.05.2024 I.A. 9869/2024 (seeking exemption from filing original/certified copies of the documents)
1. Exemption is granted, subject to all just exceptions.
2. The Appellant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of. I.A. 9870/2024 (seeking condonation of delay in filing the appeal)
4. For the grounds and reasons stated in the application, the short delay of four days in filing the appeal is condoned.
5. Disposed of.
C.A. (COMM.IPD-TM) 30/2024
6. The present appeal under Section 91 of the Trade Marks Act, 1999, 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 07/05/2024 at 02:44:56 impugns order dated 13th December, 2023 passed by the Registrar of Trademarks rejecting the Appellant's opposition to the trademark Application No. 2990453, filed by Respondent No. 2, for the mark "TRANSFORMOTION" in Class 12 with respect to "vehicles, apparatus for locomotion by land, air or water, on a proposed to be used basis. Accordingly, the Appellant also seeks cancellation of the trademark registration granted to Respondent No. 2, pursuant to the rejection of Appellant's opposition.
7. Issue notice. Ms. Saumya Tandon, counsel accepts notice on behalf of Respondent No. 1. Issue notice to Respondent No. 2, upon filing of process fee, by all permissible modes, returnable before the next date of hearing. Reply/written submissions be filed within four weeks. Rejoinder/written submissions, if any, be filed within four weeks thereafter.
8. List on 5th September, 2024.
SANJEEV NARULA, J MAY 3, 2024 nk 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 07/05/2024 at 02:44:56