Delhi High Court
Ashwa Ghosh vs Vizrt Ag And Others on 19 July, 2023
Author: C. Hari Shankar
Bench: C.Hari Shankar
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO-IPD 5/2023 & CM 84/2023, CM 85/2023
ASHWA GHOSH ..... Appellant
Through: Mr. Naipal Singh, Adv.
versus
VIZRT AG AND OTHERS ..... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (ORAL)
% 19.07.2023
1. This is an appeal preferred under Section 91 of the Trade Marks Act 1999 against an administrative panel decision of the World Intellectual Property Organization (WIPO).
2. It is quite obvious that the appeal does not lie. Section 91 of the Trade Marks Act provides for appeal against orders passed by the Registrar under the Trade Marks Act. "Registrar" is defined in Section 2(y) as the Registrar of Trade Marks as referred to in Section
3. Section 3 envisages appointment of specific officer by the Central Government by notification in the Official Gazette as the Controller- General of Patents, Designs and Trade Marks, who shall be the Registrar of Trade Marks for the purposes of the Act.
3. The impugned order is not passed by the Registrar of Trade Signature Not Verified Signed By:HARIOM FAO-IPD 5/2023 Page 1 of 2 Signing Date:20.07.2023 18:31:24 Marks. Nor is the Administrative Panel of the WIPO the Registrar, for the purposes of Section 91 of the Trade Marks Act.
4. The appeal is not maintainable and is accordingly dismissed in limine.
C. HARI SHANKAR, J.
JULY 19, 2023 dsn Signature Not Verified Signed By:HARIOM FAO-IPD 5/2023 Page 2 of 2 Signing Date:20.07.2023 18:31:24