Delhi High Court - Orders
Pt Tech, Llc vs The Controller Of Patents, Designs And ... on 14 November, 2024
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)-IPD 34/2024, CM 116/2024 & CM 117/2024
PT TECH, LLC .....Petitioner
Through: Mr. Ranjan Narula, Mr. Shakti Priyan
Nair and Mr. Parth Bajaj, Advocates
(M:9711721913)
(email:[email protected])
versus
THE CONTROLLER OF PATENTS, DESIGNS AND
TRADEMARKS AND ANR. .....Respondents
Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 14.11.2024
CM 117/2024 (exemption)
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
CM 116/2024 (Stay)
3. The present Writ Petition has been filed under Articles 226 and 227 of the Constitution of India against the illegal, arbitrary, unlawful and discriminatory action of the respondent no. 1 in accepting the counter statement filed by the respondent no. 2 in opposition no. 1307531 against the respondent no. 2's application no. 4960504 in Class 7 beyond the statutory period of two months provided in Section 21(2) of the Trade Marks Act, 1999 and Rule 44 of the Trade Marks Rules, 2017.
4. Learned counsel appearing for the petitioner submits that serving the 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 16/11/2024 at 01:19:19 counter statement upon the petitioners and directing the petitioners to file his evidence in support of the opposition under Rule 45 of the Trade Marks Rules, 2017, is in complete violation of the express provisions in this regard.
5. None appears for the respondent despite advance service.
6. Accordingly issue notice to the respondents through all permissible modes.
7. Considering the submissions made by learned counsel appearing for the petitioner that the evidence is required to be filed by the petitioner before The Controller of Patents, Designs and Trademarks by 17th November, 2024, it is directed that the proceedings pending before respondent no. 1 pertaining to the opposition application no. 1307531, shall remain suspended till the next date of hearing.
8. Let reply be filed within a period of four weeks, from the date of service.
9. Rejoinder thereto, if any, be filed within two weeks, thereafter.
10. List on 19th March, 2025.
MINI PUSHKARNA, J NOVEMBER 14, 2024/PU 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 16/11/2024 at 01:19:19