Delhi High Court - Orders
Srs Live Technologies Pvt Ltd vs The Registrar Of Trademarks on 7 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 34/2024
SRS LIVE TECHNOLOGIES PVT LTD ..... Appellant
Through: Ms. R. Gayathri Manasa, Advocate.
versus
THE REGISTRAR OF TRADEMARKS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra
and Mr. Alexander Mathai Paikaday,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 07.05.2024 I.A. 10230/2024 (seeking exemption from filing certified copies)
1. Exemption is granted, subject to all just exceptions.
2. The Appellant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Disposed of.
C.A.(COMM.IPD-TM) 34/2024
4. The present appeal under Section 91 of the Trade Marks Act, 19991 impugns order dated 29th November, 2023, passed by the Senior Examiner of Trade Marks, refusing the Appellant's trademark application no. 4352436 for the mark "SabPaisa", finding it objectionable under Section 9(1)(a) of 1 "Act"
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 08/05/2024 at 23:28:03 the Act, for being devoid of a distinctive character.
5. Issue notice. Mr. Srish Kumar Mishra, Advocate, accepts notice on behalf of Respondent.
6. Mr. Mishra points out that the appeal is barred by time. Ms. R. Gayathri Manasa, counsel for Appellant, on the other hand, states that the appeal was filed within time, i.e., on 30th January, 2024. Subsequently, certain objections were raised by the Registry, which were duly removed and accordingly, the present appeal is not barred by the limitation.
7. Reply/written submissions, if any, be filed within four weeks from today. Rejoinder/written submissions thereto, if any, be filed within three weeks thereafter.
8. Re-notify on 04th September, 2024.
SANJEEV NARULA, J MAY 7, 2024/d.negi 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 08/05/2024 at 23:28:03