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Cobble Stone Private Limited vs The Registrar Of Trade Marks on 21 November, 2025

                          $~16
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    C.A.(COMM.IPD-TM) 79/2025
                               COBBLE STONE PRIVATE LIMITED                  .....Appellant
                                             Through: Mr. Siddharth Yadav, Mr. Nageshwar
                                                        Kumhar, Mr. Ayush Dey, Mr. Anmol
                                                        Kumar Pandey & Mr. Nitin Kumar
                                                        Yadav, Advocates.
                                             versus

                                    THE REGISTRAR OF TRADE MARKS                 .....Respondent
                                                 Through: Mr. Satya Ranjan Swain, CGSC along
                                                            with Mr. Debasish, GP, Mr. Kautilya
                                                            Birat, Mr. Ankush Kapoor & Mr.
                                                            Vishwadeep Chandrakar, Advocates.
                                    CORAM:
                                    HON'BLE MR. JUSTICE TEJAS KARIA
                                                 ORDER

% 21.11.2025 I.A. 29009/2025

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

2. The Application stands disposed of.

I.A. 29010/2025 (Condonation of Delay)

3. For the reasons stated in the Application, the delay of 12 days in filing the present Appeal is hereby condoned.

4. The Application stands disposed of.

I.A. 29008/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

5. The present Application has been filed on behalf of the Appellant under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ("CPC") as applicable to Commercial Suits under the Commercial Courts Act, 2015 ("CC Act") seeking leave to place on record additional documents.

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 24/11/2025 at 22:49:30

6. The Appellant is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.

7. Accordingly, the Application stands disposed of. C.A.(COMM.IPD-TM) 79/2025

8. This is an Appeal under Section 91 of the Trade Marks Act, 1999 ("Act") and under Rule 156 of the Trade Marks Rules, 2017 challenging the order dated 06.08.2025 ("Impugned Order") passed by the Respondent in Trade Mark Application No. 4009557 in Class 19 for the Trade Mark 'COBBLE STONE'.

9. The learned Counsel for the Appellant submits that the Impugned Order does not deal with the submissions made on behalf of the Appellant before the Respondent including that of honest concurrent use under Section 12 of the Act.

10. The perusal of the Impugned Order shows that the Respondent has used a standard format for drafting the Impugned Order as the second paragraph of the Impugned Order mentions that 'KAPIL Attorney appeared before me and made his/her submissions'. This shows that the Respondent has not applied the mind with regard to the gender of the Counsel, who appeared and has used the standard format for drafting the Impugned Order.

11. It is further apparent that in the very next paragraph, the appearance of the Counsel is once again recorded by calling him as Advocate, whereas the previous paragraph calls the same person as Attorney as under:

"Advocate KAPIL appeared. After hearing the arguments, and after going through the reply to examination report, materials available on record. The subject application was examined under the provisions of Trade Mark Act, 1999 and Trade Mark Rules, 2017 and the mark applied was objected and the following objections were raised."

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 24/11/2025 at 22:49:30

12. Further, the submission made regarding Section 12 of the Act in Reply to the Examination Report has not been considered by the Respondent in the Impugned Order.

13. Issue Notice. The learned CGSC for the Respondent accepts Notice and seeks time to take instructions with regard to remanding the matter back for reconsideration of the Application filed by the Appellant.

14. Let the Reply be filed within a period of four weeks. Rejoinder thereto may be filed within a period of two weeks thereafter.

15. List for hearing on 19.02.2026.

TEJAS KARIA, J NOVEMBER 21, 2025/ 'A' C.A.(COMM.IPD-TM) 79/2025 Page 3 of 3 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 24/11/2025 at 22:49:30