Delhi High Court - Orders
Abbott Laboratories vs The Registrar Of Trade Marks on 10 July, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 31/2025
ABBOTT LABORATORIES .....Appellant
Through: Mr. Anirudh Bakhru, Mr. Naqeeb
Nawab, Ms. Apurva Bhutani, Ms.
Sejal Tayal and Ms. Archita,
Advocates.
versus
THE REGISTRAR OF TRADE MARKS .....Respondent
Through: Ms. Nidhi Raman, CGSC with Mr.
Arnav Mittal and Mr. Om Ram,
Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 10.07.2025 I.A. 15948/2025 (exemption from filing translated, originals, clearer copies of documents with proper margins, etc.)
1. Allowed, subject to the plaintiff filing clearer copies of the documents, legible documents, documents with prescribed margins and translated copies of documents within four (4) weeks from today.
2. The plaintiff is exempted from filing originals at this stage.
3. The application stands disposed of.
I.A. 15947/2025 (O-XI R-1(4) of the Commercial Courts Act)
4. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents.
5. The plaintiff is permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
C.A.(COMM.IPD-TM) 31/2025 Page 1 of 2This 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 11/07/2025 at 22:52:47
6. Accordingly, the application is disposed of. C.A.(COMM.IPD-TM) 31/2025
7. The present appeal has been filed under Section 91 of the Trade Marks Act, 1999, against the impugned order dated 29th March, 2025, whereby the trademark application filed on behalf of the appellant has been directed to be treated as abandoned on account of the appellant not filing supporting documents.
8. Mr. Anirudh Bakhru, counsel appearing on behalf of the appellant submits that there is a fundamental error in the order as even if the documents were not filed by the appellant, the same cannot be the basis for abandonment.
9. Without prejudice to the above, counsel for the appellant submits that all the necessary documents showing the user by the appellant were placed on record.
10. Issue notice.
11. Notice is accepted by Ms. Nidhi Raman, counsel appearing on behalf of Registrar of Trademarks.
12. Let a copy of the appeal paper book be provided to her during the course of the day.
13. Reply/written submission be filed within six (06) weeks from today.
14. Rejoinder submissions be filed three (03) weeks thereafter.
15. List on 3rd September, 2025.
AMIT BANSAL, J JULY 10, 2025 Rzu C.A.(COMM.IPD-TM) 31/2025 Page 2 of 2 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 11/07/2025 at 22:52:47