Delhi High Court - Orders
Societe Des Produits Nestle S.A vs M/S Nestor Pharmaceuticals Ltd. & Anr on 25 January, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 10/2024 & I.As. 1947-1948/2024
SOCIETE DES PRODUITS NESTLE S.A. ..... Petitioner
Through: Mr. Manish Kumar Mishra, Ms.
Akansha Singh, Ms. Saloni Kasliwal,
Ms. Niharika Kapoor and Ms. Shruti
Manchanda, Advocates.
versus
M/S NESTOR PHARMACEUTICALS LTD. & ANR.
..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 25.01.2024
1. Petitioner is the proprietor of the trademark "NESTOGEN" bearing no. 16077 in Class 29 ("Plaintiff's Mark"), is aggrieved by the registration of identical mark "NESTOGEN" bearing no. 920952 under Class 5, relating to pharmaceutical medical preparations ("Impugned Mark").
2. Petitioner had earlier opposed the registration of the Impugned Mark, however the opposition was deemed to be abandoned under Rule 45(2) read with Rule 50 of the Trade Marks Rules, 2002 ("Rules") vide order dated 05th October, 2018 passed by the Registrar of Trademarks, due to belated filing of evidence. An appeal was also preferred Section 91 of the Trade Marks Act, 1999 ("Act") against the aforesaid order. However, since during the pendency of the proceedings, the impugned mark was registered, the said 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 29/01/2024 at 22:42:48 challenge was disposed of.1
3. Issue notice to the Respondents, by all permissible modes, returnable on 1st April, 2024.
SANJEEV NARULA, J JANUARY 25, 2024 as 1 C.A(COMM.IPD-TM) 67/2022 (Delhi High Court), order dated 11th August, 2023.
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 29/01/2024 at 22:42:48