Delhi High Court - Orders
Haveli Restaurant And Resorts Limited vs Registrar Of Trademarks & Anr on 30 July, 2024
$~35 & 36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 57/2024 & I.A. No. 34832/2024
HAVELI RESTAURANT AND RESORTS LIMITED .....Appellant
Through: Mr. Samrath Nigam with
Mr. Ashutosh Gupta, Mr. Aayush
Aggarwal, Mr. Abhishek Aggarwal,
Ms. Arpita Rawat and Mr. Ajay,
Advocates.
(M): 8800229707
Email: [email protected]
versus
REGISTRAR OF TRADEMARKS & ANR. .....Respondents
Through: Mr. R. Venkat Prabhat, SPC for
respondent no. 1.
(M): 8001622962
Email: [email protected]
Mr. Anshuman Upadhyay with
Mr. Naseem, Ms. Apoorva Sharma
and Mr. Rahul Singh, Advocates for
respondent no. 2.
(M): 9911373783
Email: [email protected]
Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra
and Mr. Alexander Mathai Paikaday,
Advocates.
(M): 9810788606
Email: [email protected]
+ C.A.(COMM.IPD-TM) 58/2024 & I.A. No. 34833/2024
HAVELI RESTAURANT AND RESORTS LIMITED .....Appellant
Through: Mr. Samrath Nigam with
Signature Not Verified
Digitally Signed C.A.(COMM.IPD-TM) 57/2024 & 58/2024 Page 1 of 4
By:AMAN UNIYAL
Signing Date:01.08.2024
17:36:23
Mr. Ashutosh Gupta, Mr. Aayush
Aggarwal, Mr. Abhishek Aggarwal,
Ms. Arpita Rawat and Mr. Ajay,
Advocates.
(M): 8800229707
Email: [email protected]
versus
REGISTRAR OF TRADEMARKS & ANR. .....Respondents
Through: Mr. R. Venkat Prabhat, SPC for
respondent no. 1.
(M): 8001622962
Email: [email protected]
Mr. Anshuman Upadhyay with
Mr. Naseem, Ms. Apoorva Sharma
and Mr. Rahul Singh, Advocates for
respondent no. 2.
(M): 9911373783
Email: [email protected]
Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra
and Mr. Alexander Mathai Paikaday,
Advocates.
(M): 9810788606
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 30.07.2024
I.A. Nos. 34832/2024 & 34833/2024 (Exemptions from filing
original/certified copies)
1. The present applications have been filed under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking exemption from filing Signature Not Verified Digitally Signed C.A.(COMM.IPD-TM) 57/2024 & 58/2024 Page 2 of 4 By:AMAN UNIYAL Signing Date:01.08.2024 17:36:23 original or certified copies and for filing typed copies of dim documents.
2. Exemptions are granted, subject to all just exceptions.
3. Appellant shall file legible and clear copies of the documents, before the next date of hearing.
4. Accordingly, the present applications are disposed of. C.A.(COMM.IPD-TM) 57/2024 & C.A.(COMM.IPD-TM) 58/2024
5. C.A.(COMM.IPD-TM) 57/2024 is an appeal under Section 91 of the Trade Marks Act, 1999, read with Section 151 CPC, challenging the order dated 21st February, 2024 passed by the Hearing Officer of Trademarks in Application No. 4263978 and Opposition No. 1030245 under Class 43, acknowledgment of order received via Caveat on 08th March, 2024.
6. C.A.(COMM.IPD-TM) 58/2024 is, likewise, an appeal challenging the order dated 21st February, 2024 passed by the Hearing Officer of Trademarks in Application No. 3913481 and Opposition No. 1109439 under Class 43, acknowledgment of order received via Caveat on 08th March, 2024.
7. Learned counsel appearing for the appellant submits that the impugned orders passed by respondent no. 1 are unjust and arbitrary, in violation of Section 9 of the Trade Marks Act, 1999. It is submitted that the said orders have not only violated the fundamental and statutory rights of the appellant, but also its shareholders and have also depleted the rights of an existing trademark holder.
8. Issue notice.
9. Notice is accepted by learned counsels appearing for the respondents.
10. Learned counsel appearing for respondent no. 2, at the outset raises objection and submits that certain additional documents have been filed by Signature Not Verified Digitally Signed C.A.(COMM.IPD-TM) 57/2024 & 58/2024 Page 3 of 4 By:AMAN UNIYAL Signing Date:01.08.2024 17:36:23 the appellant, which were not part of the record before the Trade Mark Registry.
11. However, the aforesaid submission is denied by learned counsel appearing for the appellant.
12. Let reply be filed by the respondents within a period of four weeks. Rejoinder thereto, if any, be filed within two weeks, thereafter.
13. The record of the aforesaid Application No. 4263978 and Opposition No. 1030245 in C.A.(COMM.IPD-TM) 57/2024 and Application No. 3913481 and Opposition No. 1109439 in C.A.(COMM.IPD-TM) 58/2024, be requisitioned from the Registrar of Trade Marks, to be placed before this Court.
14. List on 16th October, 2024.
MINI PUSHKARNA, J JULY 30, 2024 c Signature Not Verified Digitally Signed C.A.(COMM.IPD-TM) 57/2024 & 58/2024 Page 4 of 4 By:AMAN UNIYAL Signing Date:01.08.2024 17:36:23