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Toyota Jidosha Kabushiki Kaisha vs The Senior Examiner Of Trade Marks on 21 January, 2022

Author: Asha Menon

Bench: Asha Menon

                          $~6
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     C.A.(COMM.IPD-TM) 12/2022

                                TOYOTA JIDOSHA KABUSHIKI KAISHA             ..... Appellant
                                             Through: Mr. Peeyoosh Kalra, Mr. Amol Dixit
                                                      and Mr. Raghav Paul, Advs.

                                                           Versus

                               THE SENIOR EXAMINER OF TRADE MARKS                    ..... Respondent
                                            Through: None.
                          CORAM:
                          HON'BLE MS. JUSTICE ASHA MENON
                                                  ORDER

% 21.01.2022 [VIA VIDEO CONFERENCING] I.As.1166/2022 & 1167/2022 (both for exemption)

1. Allowed, subject to just exceptions.

2. The applications stand disposed of.

I.A.1168/2022 (of plaintiff for condonation of 115 days delay in re-filing the appeal)

3. For the reasons mentioned in the application, the same is allowed and the delay in re-filing the appeal is condoned.

4. The application stands disposed of.

C.A.(COMM.IPD-TM) 12/2022

5. The appeal has been filed under Section 91 of the Trade Marks Act, 1999 challenging the order dated 19th February, 2021 passed by the respondent/Senior Examiner of Trade Marks, Delhi.

6. Mr. Peeyoosh Kalra, learned counsel for the appellant submits that the impugned order suffers from errors on fact and law. It is submitted that under Section 34 of the Trade Marks Act since the appellant has been the prior user of the trademark 'ALPHARD' having introduced the car by the said name way back in the year 2008 and having opposed the various applications for registration of the same trademark by several others including the cited mark in the impugned order and the Cancellation Application No.3093218 being pending in respect of the cited mark, the respondent had completely erred in declining to allow the appellant's application for registration of the mark in Class 12.

7. Issue notice of the appeal to the respondent by all permissible modes, returnable on the next date of hearing.

8. Counter affidavit, if any, to the appeal be filed by the respondent within two weeks from the date of receipt of the notice.

9. The appellant is at liberty to file rejoinder to the counter affidavit before the next date of hearing.

10. List on 12th April, 2022.

11. The order be uploaded on the website forthwith.

ASHA MENON, J.

JANUARY 21, 2022 'bs' C.A.(COMM.IPD-TM) 12/2022 Page 2 of 2 Signature Not Verified Signed By:MANJEET KAUR Signing Date:21.01.2022 21:29:28