Delhi High Court - Orders
Zydus Wellness Products Ltd vs Dabur India Ltd on 21 February, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 478/2022
ZYDUS WELLNESS PRODUCTS LTD. ..... Petitioner
Through: Mr. Chander M. Lall, Senior
Advocate with Ms. Anuradha
Salhotra, Mr. Sumit Wadhwa and Ms.
Saloni Chowdhry, Advocates.
versus
DABUR INDIA LTD. ..... Respondent
Through: Mr. Manish Kumar Mishra,
Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 21.02.2023
1. The present petition under Section 57 of the Trade Marks Act, 1999 [hereinafter "the Act"] seeks rectification of the Trade Mark Application No. 1197615 registered in the name of Respondent - Dabur India Ltd. under Class-30 [hereinafter "impugned label"], which is depicted on the Certificate of Registration of Trade Mark annexed with the Petition as under:
Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 478/2022 Page 1 of 3 By:SAPNA SETHI Signing Date:22.02.2023 14:22:452. Pursuant to the previous hearing, Mr. Manish Kumar Mishra, counsel for Respondent, has returned with instructions and on basis thereof, he states that without going into the merits of the case and without prejudice to his rights and contentions, since Respondent has voluntarily stopped using the impugned label since year-2007, Respondent has no objection in case the registration thereof is cancelled. However, he states that Respondent shall be at liberty to file a fresh application qua the impugned label in future and in such an event, it would be open for Petitioner herein to object to the same, in case they so desire.
3. Mr. Chander M. Lall, Senior Counsel for Petitioner, states he has no objection to the statement made by Mr. Mishra, however, as regards the liberty claimed by him, it must be noted that the use of the impugned label mark has been injuncted vide order dated 20th February, 2008 passed in GA No. 2430/2007 with CS No. 138/2003 by the High Court of Calcutta.
4. In light of the aforenoted statement made by Mr. Mishra , the Court is of the opinion that since Respondent has voluntarily agreed to cancellation of registration of the impugned label, no adjudication on merits of the case is necessary. Accordingly, the present petition is disposed of with following directions:
(i) Registration granted vide Trade Mark Application No. 1197615 hereby stands cancelled.
(ii) Trade Marks Registry is directed to issue a formal notification/ notice to that effect, within two weeks from today.
(iii) It is made clear that in case Respondent would apply for a fresh registration qua the impugned label, at any point of time in future, Petitioner herein shall be at liberty to raise objection thereto. Such an application shall Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 478/2022 Page 2 of 3 By:SAPNA SETHI Signing Date:22.02.2023 14:22:45 be considered on its own merits, in accordance with law.
5. With the above directions, the present petition is disposed of along with pending application(s). The Court has not examined the merits of the case or reflected any opinion thereon.
6. Registry is directed to supply a copy of the present order to the Trade Marks Registry at [email protected] for compliance.
SANJEEV NARULA, J FEBRUARY 21, 2023 nk Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 478/2022 Page 3 of 3 By:SAPNA SETHI Signing Date:22.02.2023 14:22:45