Delhi High Court - Orders
Fena Private Ltd vs Balwinder Kumar & Anr on 28 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 300/2023 & I.As. 23561/2023, 23562/2023
FENA PRIVATE LTD ..... Petitioner
Through: Mr. Manish Mishra & Ms. Saloni
Kasliwal, Advs. (M: 9111432161)
versus
BALWINDER KUMAR & ANR. ..... Respondents
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 28.11.2023
1. This hearing has been done through hybrid mode. I.A.23562/2023 (for additional documents)
2. This is an application filed by the Petitioner seeking permission to allow the Petitioner to file the additional documents within 30 days. Petitioner may file the documents as per the IPD Rules.
3. Application is disposed of.
C.O.(COMM.IPD-TM) 300/2023 & I.A.23561/2023 (for stay under Order XXXIX)
4. The present petition has been filed by the Petitioner - Fena private Limited under Section 57 of the Trade Marks Act, 1999, seeking cancellation of the trade mark 'NIPPU'. The Petitioner in the present case is aggrieved by the Respondents' registration of the device mark 'NIPPU' bearing no.3728776 in class 3. The Respondent's application dated 16th January 2018, is for the device mark which is registered on 'proposed to be use' basis. The said application was opposed by the Petitioner through opposition proceedings at the registry. The impugned mark of the Respondent is set out below:
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 29/11/2023 at 23:53:15
5. The case of the Petitioner is that it adopted the mark 'NIP' in the year 1976 in respect of dishwash bar, gel, cleaners etc., and has been continuously using the same in respect of the detergent. The Petitioner is into manufacturing and selling various consumer non-durables including detergent cakes and powder, cleaning preparations under its various flagship brands namely FENA, NIP, IMPACT, FAMUS, COP, etc.
6. The Petitioner is aggrieved the trade mark registration of the Respondent No.1. It is submitted that Respondent No.1 has also been allowed registration in a class where the Petitioner claims to be a prior user. The registrations of the Petitioner for the said mark 'NIP' are set out below:
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 29/11/2023 at 23:53:15
7. Issue notice. Let a reply be filed within four weeks. Rejoinder thereto be filed within four weeks thereafter.
8. Notice be issued by all modes including through Respondent's Trade Mark Agent- Mr. Rahul Rajput, located at B-336, Bhai Randhir Singh Nagar, Ludhiana - 141 004, Punjab.
9. List before the Joint Registrar on 16th January, 2024.
10. List before the Court on 2nd April, 2024.
PRATHIBA M. SINGH, J.
NOVEMBER 28, 2023/dk/bh 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 29/11/2023 at 23:53:15