Delhi High Court - Orders
Google Llc vs The Registrar Of Trade Marks on 23 July, 2024
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 53/2024 & I.A. Nos. 34003/2024,
34004/2024, 34005/2024 & 34006/2024
GOOGLE LLC .....Appellant
Through: Ms. Shwetasree Majumder with
Ms. Priya Adlakha, Ms. Shipra
Shandiya and Ms. Isha Tiwari,
Advocates.
(M): 7838185655
Email: [email protected]
versus
THE REGISTRAR OF TRADE MARKS .....Respondent
Through: Ms. Nidhi Raman, CGSC with
Mr. Zubin Singh, Advocate for
respondent no. 1.
(M): 9891088658
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 23.07.2024 I.A. No. 34004/2024 (Exemption from filing certified copies)
1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking exemption from filing certified copies of documents.
2. Exemption is granted, subject to all just exceptions.
3. Accordingly, the present application is disposed of.
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 25/07/2024 at 22:48:05 I.A. No. 34005/2024 (Exemption from filing clearer copies)
4. The present is an application under Section 151 CPC seeking exemption from filing clear and legible copies of documents, with proper margins
5. Exemption is granted, subject to all just exceptions.
6. Appellant shall file legible and clear copies of the documents, before the next date of hearing.
7. Accordingly, the present application is disposed of. I.A. No. 34006/2024 (Application to file additional documents)
8. The present application has been filed on behalf of the appellant under Order XLI Rule 27 read with Section 151 CPC, seeking leave to file additional documents.
9. The appellant, if it wishes to file additional documents at a later stage, shall do so strictly, in accordance with law.
10. Accordingly, the present application is disposed of. C.A.(COMM.IPD-TM) 53/2024 & I.A. No. 34003/2024 (Application under Section 151 CPC seeking ad-interim stay)
11. The present appeal has been filed under Section 91 of the Trade Marks Act, 1999 and Rule 156 of the Trade Marks Rules, 2017, challenging the order dated 19th April, 2024 passed by the respondent, in petitioner's application no. 5577201 in Classes 9, 38 and 42.
12. Issue notice.
13. Notice is accepted by learned counsel appearing for the respondent.
14. Learned counsel appearing for the respondent submits that the appellant has already filed two rectification petitions, which are pending adjudication before the Registrar of Trademarks.
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 25/07/2024 at 22:48:05
15. Per contra, learned counsel appearing for the appellant submits that the pendency of the rectification petitions will have no bearing on the present appeal.
16. Let written submissions be filed by the respondent, within a period of four weeks, along with the judgments it wishes to rely upon, before the next date of hearing.
17. List on 07th November, 2024.
MINI PUSHKARNA, J JULY 23, 2024 c 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 25/07/2024 at 22:48:06