Delhi High Court - Orders
Mankind Pharma Limited vs Zhejiang Yige Enterprise Management ... on 8 January, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 2/2024
MANKIND PHARMA LIMITED ..... Appellant
Through: Mr. Hemant Daswani and Ms.
Saumya Bajpai, Advocates.
versus
ZHEJIANG YIGE ENTERPRISE MANAGEMENT GROUP CO
LTD & ANR. ..... Respondents
Through: Mr. Alexander Mathai Paikaday,
Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 08.01.2024 I.A. 272/2024(u/S 151 of CPC seeking exemption)
1. Exemption is granted, subject to all just exceptions.
2. Appellant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Disposed of I.A. 273/2024(u/S 91(2) of the Trademarks Act, 1999 r/w Section 151 of CPC seeking condonation of delay)
4. For the grounds and reasons stated in the application, the same is allowed. Delay of 7 days in filing the appeal is condoned.
5. Disposed of.
C.A.(COMM.IPD-TM) 2/2024 & I.A. 271/2024
6. Appellant is the registered proprietor of trademark 'FLORA' in Class 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 24/01/2024 at 23:20:40
5. The present appeal has been filed under Section 91 of the Trade Marks Act, 1999 against order dated 01st June, 2023 passed by the Deputy Registrar of Trade Marks and Geographical Indications, whereby the Registrar rejected their opposition filed against the registration of Respondent No. 1's trademark 'FLORASIS'.
7. Issue notice. Mr. Alexander Mathai Paikaday, Advocate, accepts notice on behalf of Respondent No. 2 (Registrar of Trade Marks).
8. Let the reply, if any, be filed within four weeks from today. Rejoinder thereto, if any, be filed within two weeks thereafter.
9. Upon filing of process fee, issue notice to Respondent No. 1, by all permissible modes, returnable on 12th March, 2024. Service be also effected through the trademark attorney of Respondent No. 1.
10. On service, such Respondent shall file a reply within a period of 30 days from the date of service.
SANJEEV NARULA, J JANUARY 8, 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 24/01/2024 at 23:20:40