Delhi High Court - Orders
Virendra Kumar Gupta vs Deputy Registrar Of Trade Marks & Anr on 8 January, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 4/2023 & I.A. 2255/2023
VIRENDRA KUMAR GUPTA ..... Appellant
Through: Ms. Disha Sharma, Advocate.
versus
DEPUTY REGISTRAR OF TRADE MARKS & ANR.
..... Respondents
Through: Mr. Lagan Gupta and Ms. Saurabh
Gupta, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 08.01.2024
1. The present appeal under Section 91 of the Trade Marks Act, 1999 ["the Act"] challenges order dated 20th December, 2022, passed by Respondent No. 1/ Deputy Registrar of Trade Marks ["impugned order"]. By way of the impugned order, rectification application No. DEL-262848 under Section 57 of the Act filed by Respondent No. 2 has been allowed and consequently Appellant's word mark "SHANKH", bearing trademark registration No. 1873157 in Class 30 in respect of 'salt and heeng', has been cancelled.
2. At the outset, it is noted that the impugned order was passed in absence of the counsel for Appellant. Hearing was thus conducted ex-parte and the decision was rendered on the basis of submissions/ arguments of Respondent No. 2 herein. With respect to hearing notices, counsel for Appellant, submits that there was a lapse on the part of the erstwhile representative of the Appellant, who did not bring the date of hearing to the 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 24/01/2024 at 23:20:15 Appellant's notice.
3. Considering the above, in the opinion of the Court, since Appellant had not been afforded an opportunity of being heard prior to the impugned order being rendered, it would be in the interest of fairness that the impugned order be set aside and the matter be remanded to Deputy Registrar of Trade Marks for rendering a fresh decision after hearing the counsel for both parties.
4. In view of the above, the present appeal is allowed and following directions are issued:
4.1. Impugned order dated 20th December, 2022, is set aside. 4.2. Trademark of Appellant is restored to its original number. 4.3. Deputy Registrar of Trade Marks is directed to decide the matter afresh after hearing counsel for both parties. Parties shall appear before the Deputy Registrar on 25th January, 2024, who shall schedule the hearing in consultation with the counsel for parties.
4.4. Registry is directed to supply a copy of the present order to the Trade Marks Registry at [email protected] for compliance.
5. The Court has not expressed any opinion on the merits of the case. All rights and contentions of parties are left open. Needless to say, the Deputy Registrar of Trade Marks shall render their decision uninfluenced by any of the observations made in the impugned order.
6. With the above directions, the present appeal is disposed of, along with pending application.
SANJEEV NARULA, J JANUARY 8, 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 24/01/2024 at 23:20:15