Delhi High Court - Orders
Ajp Impex Private Limited vs The Registrar Of Trademark Delhi & Anr on 14 February, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 28/2025 & I.A. 3842/2025
AJP IMPEX PRIVATE LIMITED .....Petitioner
Through: Ms. Aparna Jain, Mr. Ishan Berry and
Ms. Yogita, Advocates.
versus
THE REGISTRAR OF TRADEMARK
DELHI & ANR. .....Respondents
Through: Ms. Nidhi Raman, CGSC with Mr.
Zubin Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 14.02.2025
1. The present petition has been filed under Section 57 of the Trade Marks Act, 1999 (hereinafter referred to as 'the Act') seeking removal of the mark "M FOLD" bearing application no.6391583 from the Register of Trade Marks granted in favour of the respondent no.2.
2. The petitioner is engaged in the business of various kinds of papers including tissue papers. One of the registered trademarks of the petitioner is "ELLA" bearing application no.4347369 in class 16, covering products such as tissue papers.
3. It is the case of the petitioner that the mark "M FOLD", in respect of which registration has been granted to the respondent no.2 is nothing but an abbreviated form of the product 'Multifold Tissue Papers'. Therefore, the impugned registration is in respect of globally descriptive nomenclature for C.O. (COMM.IPD-TM) 28/2025 Page 1 of 3 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 14/03/2025 at 21:40:50 multi-fold tissues, which is being used for a long period of time.
4. The registration application was filed by the respondent no.2 on a 'proposed to be used' basis on 17th April, 2024 and within a short span of time, the registration certificate has been granted on 23rd January, 2025.
5. It is submitted that the impugned trademark registration is in violation of Section 9 (1)(a), (b) and (c) as well as Section 17 (2)(b) of the Act. The impugned mark is commonly used by various persons in the business of tissue papers, details of which are given in paragraphs 6, 7, 8, 11 and 12 of the petition.
6. On the basis of the aforesaid registration of the respondent no.2, the e- commerce platform 'Amazon.in' has removed the listing of the products of the petitioner, which also use the term "M FOLD" along with the petitioner's trademark "ELLA".
7. Based on the averments made in the plaint and the submissions noted above, a prima facie case has been made out on behalf of the petitioner. Balance of convenience is in favour of the petitioner and against the respondents. Irreparable injury would be caused to the petitioner if the respondent no.2 continues to use the impugned mark "M FOLD". No person can be permitted to monopolize a generic and a descriptive term which is common to trade.
8. Accordingly, till the next date of hearing, the effect of registration of the impugned mark shall remain stayed.
9. None appears on behalf of the respondent no.2 despite advance service.
10. Issue notice.
11. Notice is accepted by Ms. Nidhi Raman, counsel appearing on behalf of the respondent no.1.
C.O. (COMM.IPD-TM) 28/2025 Page 2 of 3This 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 14/03/2025 at 21:40:50
12. Issue notice to the respondent no.2 through all permissible modes.
13. List before the Joint Registrar on 24th March, 2025.
14. List before the Court on 29th April, 2025.
AMIT BANSAL, J FEBRUARY 14, 2025 Vivek/-
C.O. (COMM.IPD-TM) 28/2025 Page 3 of 3This 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 14/03/2025 at 21:40:51