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MANMEET PRITAM SINGH ARORA, J:

1. The present appeal under Section 91 of the Trademarks Act, 1999 ['Trademarks Act'] read with Rule 156 of the Trade Marks Rules, 2017, has been filed by Ganraj Enterprises i.e., the Appellant herein challenging the order dated 10.11.2022 ['impugned order'] passed by the Registrar of Trade Marks, Delhi i.e., Respondent No. 2 herein. By the said impugned order, C.A.(COMM.IPD-TM) 164/2022 SHARMA Signing Date:02.12.2025 18:33:53 Respondent No. 2 had rejected the Application No. 266969, filed by the Appellant seeking rectification of Respondent No. 1's TM No. 1566805 for its wordmark 'HP'.

2.2. Mr. Pankaj Lidoo on 08.07.2002, incorporated a company i.e., M/s Landmark Fasteners Pvt. Ltd. and as a result, the firm M/s Landmark Engineers became M/s Landmark Fasteners Pvt. Ltd. 2.3. M/s Landmark Fasteners Pvt. Ltd. carried on business in the goods of self-drilling, screws and blind rivets and filed a Trademark Application bearing TM No. 1566805 for the wordmark 'HP' in Class 6 on 08.06.2007, claiming a user date of 15.12.1995. The said application was accepted and advertised on 01.04.2010 and subsequently got registered vide certificate no. 9211164 dated 02.02.2011. However, the said registration was granted with a condition, which reads as 'restricting the sale of goods in the State of UP only'.

2.4. On 24.11.2014, M/s Landmark Fasteners Pvt. Ltd. filed another Trademark Application bearing TM No. 2848372 for the identical wordmark 'HP' for the same goods, in the same Class 6, claiming user date of 15.12.1995. The said application was accepted and advertised on 02.10.2017 C.A.(COMM.IPD-TM) 164/2022 SHARMA Signing Date:02.12.2025 18:33:53 and subsequently got registered vide certificate no.1787335 dated 21.02.2018. In this registration; however, there was no restriction of territoriality, as it was in the case of TM No. 1566805. 2.5. M/s Landmark Fasteners Pvt. Ltd. by virtue of assignment deed(s) dated 05.08.2013 and 29.04.2019 assigned, both the trademarks [being TM No. 1566805 and TM No. 2848372] in favour of M/s Landmark Crafts Pvt. Ltd./Respondent No. 11.

5. In response, Mr. J. Sai Deepak, learned senior counsel for Respondent No. 1 stated that through its predecessor-in-interest, Respondent No. 1 is the prior adopter, continuous user and the proprietor of the registered wordmark 'HP' in respect of self-drilling screws and blind rivets, since 15.12.1995. 5.1. He stated that TM No. 1566805 grants statutory recognition for the proprietary rights of Respondent No. 1 in the mark 'HP' for sale of goods in the State of U.P.; however, TM no. 2843872 grants protection to Respondent No. 1 for pan-India usage.