Delhi High Court - Orders
Kunal Kapoor vs The Registrar Of Trade Marks on 30 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 42/2024
KUNAL KAPOOR ..... Appellant
Through: Mr. Sail Gupta, Mr. Rishabh
Srivastava and Ms. Yashewini
Sharma, Advocates.
versus
THE REGISTRAR OF TRADE MARKS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra
and Mr. Alexander Mathai Paikaday,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 30.05.2024
1. The present petition under Section 91 of the Trademarks Act, 1999, impugns order dated 03rd May, 2024, whereby Appellant's Form TM-C bearing application No. 114952 for obtaining a no-objection certificate under Section 45(1) of the Copyright Act, 1957 has been denied. The primary ground for refusal is the existence of a conflicting trademark on the Register. Counsel for Petitioner submits that earlier, a suit filed by Petitioner [bearing CS(COMM) 358/2022] against the proprietor of the cited mark was settled between the parties, with the proprietor agreeing to withdraw their trademark application. The settlement between the parties has been recorded in order dated 23rd September, 2022 in CS(COMM) 358/2022.
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 03/06/2024 at 22:27:53
2. Issue notice. Mr. Harish Vaidyanathan Shankar, counsel, accepts notice on behalf of the Respondent. Reply, if any, be filed within four weeks from today. Rejoinder, if any, be filed within two weeks thereafter.
3. List on 13th September, 2024.
SANJEEV NARULA, J MAY 30, 2024 nk 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 03/06/2024 at 22:27:53