Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Tajinder Soap And Chemicals Pvt Ltd vs The Controller General Of Patents ... on 5 December, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~71
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      C.O. (COMM.IPD-TM) 781/2022 & I.A. 20461-20462/2022
                                 TAJINDER SOAP AND CHEMICALS PVT LTD            ..... Petitioner
                                                    Through:      Mr. Shailen Bhatia, Mr. Sheril Bhatia
                                                                  and Mr. Arnav Chatterjee, Advocates.
                                                    versus

                                 THE CONTROLLER GENERAL OF PATENTS DESIGN AND
                                 TRADE MARKS TRADE MARKS REGISTRY AT NEW DELHI &
                                 ORS.                               ..... Respondents
                                             Through: Mr. Arnav Kumar, CGSC with Mr.
                                                      Suprateek Neogi, Mr. Gurudas
                                                      Khurana and Mr. Harshil Manchanda,
                                                      Advocates for R-1.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                                    ORDER

% 05.12.2022 I.A. No. 20462/2022 (seeking exemption from filing original/ better copies, annexures/ left hand margin and certified copies)

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

2. Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

I.A. No. 20461/2022 (seeking stay of the operation of the impugned trademark registration)

4. Issue notice. Mr. Arnav Kumar, CGSC for Respondent No. 1, accepts notice.

5. Issue notice to Respondent No. 2, by all permissible modes, upon filing of process fee, returnable on the next date of hearing.

6. Reply on behalf of Respondent No. 1, if any, be filed within a period of three weeks from today. Reply on behalf of Respondent No. 2 be filed within a period of three weeks from the date of service.

C.O. (COMM.IPD-TM) 781/2022

7. Petitioner seeks rectification/ cancellation of trademark "SITAR" [bearing No. 599589]. Counsel for Petitioner states that Petitioner's registration of "SITAR" lapsed in 2007 and the mark was removed on account of non-payment of renewal fees, which fact was advertised in 2008. However, Respondent No. 2 has obtained renewal of said mark vide an interlocutory petition in 2021. The registration status of the mark, as displayed on the website of the Trademark Registry, reads "Registration renewed for a period of 7 years from 16th June, 2000...mark has been removed from the register as it had not been renewed on time in accordance with the Trade Mark Act,1999 and notified in the Trade Mark journal 1447." The information displayed on the website is ambiguous as it mentions that the mark has been removed and also that it has been renewed.

8. Issue notice. Mr. Arnav Kumar, CGSC, for Respondent No. 1, accepts notice.

9. Issue notice to Respondent No. 2, by all permissible modes, upon filing of process fee, returnable on the next date of hearing.

10. Reply on behalf of Respondent No. 1, if any, be filed within a period of three weeks from today. Reply on behalf of Respondent No. 2, be filed within a period of three weeks from the date of service.

11. List before the Joint Registrar for completion of and pleadings on 17th January, 2023.

12. List before the Court on 27th March, 2023.

SANJEEV NARULA, J DECEMBER 5, 2022/as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:05.12.2022 17:38:31