Delhi High Court - Orders
Sujan Enterprises Private Limited vs Registrar Of Trademarks on 31 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 41/2024
SUJAN ENTERPRISES PRIVATE LIMITED ..... Appellant
Through: Mr. Rahul Beruar, Mrs. Nidhi Jain,
Ms. Jyotsana Sinha, Mr. Deepesh
Bhardwaj, Ms. Maini Sidhu and Ms.
Akanksha Satpathy, Advocates.
versus
REGISTRAR OF TRADEMARKS ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 31.05.2024 I.A. 30650/2024(seeking condonation of delay)
1. For the grounds and reasons stated in the application, the same is allowed. Delay of 05 days in filing the appeal is condoned.
2. Disposed of.
I.A. 30966/2024(seeking exemption)
3. Exemption is granted, subject to all just exceptions.
4. Appellant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
5. Disposed of.
I.A. 30967/2024(seeking leave to file additional documents)
6. This is an application seeking leave to file additional documents under 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 04/06/2024 at 00:13:34 the Commercial Courts Act, 2015.
7. Applicant, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
8. Accordingly, the application stands disposed of. C.A.(COMM.IPD-TM) 41/2024
9. The present appeal under Section 91 of the Trade Marks Act, 1999 impugns order dated 10th February, 2024 refusing Appellant's trademark application no. 4903243 for the trademark ' '.
10. It is pointed out that the ground for refusal is only under Section 11 of the Act, which ex-facie, is not sustainable as the Appellant has obtained a no-objection from the proprietor of the cited mark.
11. Issue notice to Respondent, by all permissible modes, upon filing of process fee, returnable on 23rd September, 2024.
12. Respondent shall file reply/ written submissions in response to the appeal, within a period of four weeks from the date of service.
SANJEEV NARULA, J MAY 31, 2024 d.negi 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 04/06/2024 at 00:13:34