Delhi High Court - Orders
Bajaj Engineering Works vs Bajaj Electricals Ltd And Anr on 2 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)-IPD 72/2021 & CM 36/2021
BAJAJ ENGINEERING WORKS ..... Petitioner
Through: Mr. Santhosh Krishnan, Ms. Sonam
Anand and Mr. Yakesh Anand,
Advocates (M: 9910333257).
versus
BAJAJ ELECTRICALS LTD AND ANR ..... Respondents
Through: Appearance not given.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 02.11.2023
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner- Bajaj Engineering Works seeking to challenge the order dated 30th September, 2009 passed by the Intellectual Property Appellate Board ('IPAB'). Vide the impugned order, the IPAB set aside the order dated 11th June 2001 passed by the ld. Registrar of Trade Marks.
3. After hearing the matter for some time, the Court deems it appropriate to direct a competent official from Respondent No.1-M/s. Bajaj Electricals Ltd., to be present in Court in order to answer queries.
4. The Petitioner's case is that it has been using the mark 'BAJAJ' for valves and cocks in machines under Class 7 since 1967. The earliest invoice, which is on record, dates back to 1976. Furthermore, the Petitioner is stated to have been registered with the Department of Industries, Govt. of Punjab in Jalandhar, Punjab in 1967. The annual turnover of the Petitioner is stated to be over Rs.10 crores.
5. It is also a matter of record that no suit for infringement or passing off 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 04/11/2023 at 01:11:54 has been filed by the Respondent No. 1 till date against the Petitioner, who is stated to have been continuously using the said mark 'BAJAJ' for valves and cocks.
6. However, the stand of the Respondent No. 1 is that the mark "BAJAJ" has been declared as a well-known mark in 1988.
7. Considering this above background, let the parties seek instructions on whether the following would be acceptable:-
i) that the trade mark application no. 471994 in Class 7 dated 8th May 1987 of the Petitioner for 'BAJAJ' may be amended to 'BEW BAJAJ'.
ii) that the Petitioner would restrict its business or class of goods to valves and cocks in Class 7, and shall not expand into any other product line.
8. In the above background, parties are also referred for mediation under the aegis of the Delhi High Court Mediation and Conciliation Centre. Parties to appear before the Delhi High Court Mediation and Conciliation Centre on 28th November, 2023 at 3.00pm.
9. The ld. Mediator shall conduct the proceedings on a day to day basis. This is in consideration of the fact that the Petitioner's trade mark application dates back to 1987, and still there has been no resolution of the said issues due to multiple rounds of litigation.
10. On the next date of hearing, the parties and their respective competent officials, who are capable of taking decisions, shall remain present in Court.
11. This shall be treated as a part-heard matter.
12. List before the Court on 20th December, 2023.
PRATHIBA M. SINGH, J.
NOVEMBER 02, 2023/mr/dn 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 04/11/2023 at 01:11:54