Delhi High Court - Orders
Rosburn Holdings Limited & Anr vs Registrar Of Trademarks on 29 February, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 13/2023, I.A. 8881/2023
ROSBURN HOLDINGS LIMITED & ANR. ..... Appellants
Through: Ms. Swathi Sukumar, Mr. Essennesse
Obhan, Ms. Yogita, Mr. Rishabh
Agarwal, Advocates.
versus
REGISTRAR OF TRADEMARKS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra,
Mr. Alexander Mathai Paikaday and
Mr. Krishnan V., Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 29.02.2024
1. The present appeal under Section 91 of the Trademarks Act, 1999 impugns order dated 24th January, 2023 (hereinafter 'Impugned Order') whereby the Registrar of Trademarks rejected the Appellant's application TM no. 4740992 for registration of the mark " " in class 24. The Appellant's TM application was refused, under Section 11(1) of the Trademarks Act,1999, on the ground that the mark applied for registration is identical with/similar to earlier trademark on record - specifically the mark " " bearing application no. 3324452 (hereinafter 'Cited mark').
This is a digitally signed order.
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2. Ms. Swathi Sukumar, counsel for the Appellants states that the Cited mark has been impugned in a rectification petition C.O.(COMM.IPD-TM) 212/2023 which is pending consideration before the bench of Hon'ble Justice Anish Dayal
3. Accordingly, considering the fact that both matters are related, subject to the orders of the hon'ble Judge in charge, this petition be also listed along with rectification petition C.O.(COMM.IPD-TM) 212/2023.
4. With the above directions, list this matter on date already fixed i.e. 24th April, 2024.
SANJEEV NARULA, J FEBRUARY 29, 2024 ab 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 04/03/2024 at 21:46:32