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Delhi High Court - Orders

M/S. Excell Formulations Pvt. Ltd vs M/S. Excell Nutraceuticals & Anr on 25 January, 2023

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~9
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     C.O. (COMM.IPD-TM) 451/2022
                                M/S. EXCELL FORMULATIONS PVT. LTD.           ..... Petitioners
                                               Through: Mr. Pankaj Kumar, Advocate.
                                               versus

                                M/S. EXCELL NUTRACEUTICALS & ANR.                      ..... Respondents
                                              Through: None.

                                CORAM:
                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                                   ORDER

% 25.01.2023

1. Mr. Pankaj Kumar, counsel for Petitioner, states that the impugned mark "EXCELL NUTRACEUTICALS" under application No. 1886847, stands cancelled under Section 58(1)(c) of the Trade Marks Act, 1999 pursuant to filing of TM-35 before the Trade Marks Registry. He also places reliance on the status as reflected in the impugned mark of the Trade Marks Registry which indicates that the same has been cancelled.

2. In view of the above, the relief sought in the present petition, has been rendered infructuous. Mr. Kumar states that he has instructions to withdraw the same.

3. Dismissed as withdrawn.

SANJEEV NARULA, J JANUARY 25, 2023 as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:28.01.2023 14:54:32