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Opella Healthcare Group vs Vaibhav Vohra & Anr on 16 July, 2024

                          $~25
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      C.O. (COMM.IPD-TM) 92/2024 & I.A. Nos. 33320/2024,
                                 33321/2024 & 33322/2024
                                 OPELLA HEALTHCARE GROUP                                 .....Petitioner
                                                    Through:      Mr. Peeyoosh Kalra with Ms. V.
                                                                  Mohini and Ms. Pragati Agrawal,
                                                                  Advocates.

                                                    versus

                                 VAIBHAV VOHRA & ANR.                   .....Respondents
                                             Through: Mr. Harish Vaidyanathan Shankar,
                                                      Advocate for respondent no. 2

                                 CORAM:
                                 HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                    ORDER

% 16.07.2024 I.A. No. 33321/2024 (Exemption from filing certified copies)

1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC") for exemption from filing certified copies, typed copies of dim documents, and documents with improper double space/margins and translated copies of the annexures.

2. Exemption is granted, subject to all just exceptions.

3. Applicant shall file legible, clear, and original copies of the documents, on which the applicant may seek to place reliance, within four weeks from today, or before the next date of hearing, whichever is earlier.

4. Accordingly, the present application is disposed of. I.A. No. 33322/2024 (seeking leave to file additional documents) Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:16.07.2024 19:46:29

5. The present application has been filed on behalf of the petitioner under Order XI Rule 1(4) of the CPC, 1908, as amended by Commercial Courts Act, 2015, read with Section 151 CPC, seeking liberty to file additional documents at the appropriate stage.

6. The petitioner, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

7. Accordingly, the present application is disposed of. I.A. No. 33320/2024 (Exemption from filing original documents)

8. The present is an application under Section 151 CPC for exemption from filing original documents.

9. Petitioner undertakes that the inspection of original documents shall be given, if demanded, or the original documents shall be produced/filed at the time of admission/denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

10. Accordingly, the present application is disposed of. C.O. (COMM.IPD-TM) 92/2024

11. The present petition has been filed for rectification of the Trade Marks Register by removal of the impugned mark from the Trade Marks Register under Sections 47(1)(A), and 57 of the Trade Marks Act, 1999.

12. Learned counsel appearing for the petitioner submits, that the petitioner/Sanofi Group, owns and uses several distinctive trademarks, prominent amongst which, is the trademark "PHENSEDYL". It is submitted that the trademark "PHENSEDYL" has been in use internationally, since the year 1954.

13. It is submitted that the impugned trademark in question is "PHENSERYL" registered under 3791026 in Class 5, in respect of pharmaceutical, nutraceuticals, for use as a dietary supplement and medicinal preparations. The said mark was advertised in the Trade Marks Journal No. 1958-0 dated 27th July, 2020, and registration was applied for on 28th March, 2018 with use claimed since 01st December, 2016, in the name of Vaibhav Vohra.

14. It is submitted that petitioner is aggrieved on account of respondent no. 1's unauthorized adoption of the mark "PHENSERYL" as well as obtaining registration for the impugned trade mark with the Indian Trade Marks Registry for registration of the mark "PHENSERYL"

in Class 5, which is phonetically, visually and deceptively similar to the petitioner's much prior distinctive, well-known and registered trademark "PHENSEDYL"

Thus, the present petition has been filed.

15. Issue notice.

16. Notice is accepted by learned counsel appearing for respondent no. 2.

17. Let notice be issued to respondent no. 1.

18. Reply be filed, within a period of four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.

19. List on 11th September, 2024, along with C.O. (COMM.IPD-CR) 09/2024.

MINI PUSHKARNA, J JULY 16, 2024 c Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:16.07.2024 19:46:29