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Cococare Products Inc vs The Registrar Of Trademarks The Trade ... on 5 July, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~12
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                     C.A. (COMM.IPD-TM) 129/2022
                                 COCOCARE PRODUCTS INC                    ..... Appellant
                                                Through: Mr. Aalok Jain, Mr. Nishchal Anand
                                                         and Ms. Tanvi Anand, Advocates.
                                                         (M:7350987852)
                                                versus
                                 THE REGISTRAR OF TRADEMARKS THE TRADE MARKS
                                 REGISTRY                                 ..... Respondent
                                                Through: Mr. Harish Vaidyanathan Shankar,
                                                         CGSC, Mr. Srish Kumar Mishra, Mr.
                                                         Sagar Mehlawat, Mr. Alexander
                                                         Mathai     Paikaday,      Advocates.
                                                         (M:7204711976)
                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                          ORDER

% 05.07.2022 I.A. 9955/2022 (for exemption)

1. Allowed, subject to all just exceptions.

2. Accordingly, I.A. 9955/2022 is disposed of. I.A. 9954/2022 (for additional documents)

3. Ld. Counsel for the Appellant submits that a certified copy of the order has not been filed. Let the same be filed within two weeks.

4. If any further additional documents are required to be filed, the same be filed strictly under the IPD Rules.

5. Accordingly, I.A. 9954/2022 is disposed of. I.A. 9956/2022 (for court fee)

6. This is an application filed by the Appellant for extending the time to file the court fee.

7. Considering that the present appeal is under Section 91 of the Trade Marks Act, 1999, the court fee of Rs. 10,000/- prescribed under Schedule II of the IPD Rules may be deposited by the ld. Counsel within two weeks.

8. Accordingly, time is extended by two weeks to file the court fee.

9. I.A. 9956/2022 is disposed of.

C.A. (COMM.IPD-TM) 129/2022

10. The Appellant is aggrieved by the rejection of its trademark application bearing number no. 3634458 in class 3 for the mark vide order dated 11th November, 2021 passed by the Registrar of Trade Marks.

11. The submission of ld. Counsel appearing for the Appellant is that out of the four marks cited in the examination report dated 9th October, 2017, no. 718491 is removed from the register vide order dated 25th October, 2018 by the Assistant Registrar of Trade Marks.

12. Trademark no. 718492 is subject matter of rectification petition filed by the Appellant.

13. Trademark application being no. 2383300 has been opposed by a third party.

14. According to the Appellant, the use of the mark internationally by the Appellant has been since the inception of the Appellant company in September of 1969, and on its website since 1998. Ld. Counsel for the Appellant submits that the mark has been in commercial use in India in respect of beauty and skincare products since its formal entry into the Indian market in 2014.

15. Accordingly, issue notice.

16. Mr. Harish V. Shankar, ld. CGSC accepts notice on behalf of the Defendant.

17. If any counter is to be filed, the same shall be filed within six weeks.

18. Rejoinder be filed within four weeks thereafter.

19. List on 3rd November, 2022.

PRATHIBA M. SINGH, J.

JULY 5, 2022 Rahul/SS C.A.(COMM.IPD-TM) 129/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:06.07.2022 16:53:49