Delhi High Court - Orders
Oswaal Books And Learnings Private ... vs The Registrar Of Trade Marks on 8 April, 2024
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 19/2024
OSWAAL BOOKS AND LEARNINGS PRIVATE LIMITED
..... Appellant
Through: Mr. Abhishek Malhotra & Ms. Sanya
Sehgal, Advs.
versus
THE REGISTRAR OF TRADE MARKS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra,
Mr. Alexander Mathai Paikaday, Mr.
Lakshay Gunawat & Mr. Krishnan V,
Advs.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 08.04.2024 I.A. 7806/2024(Exemption from filing certified, clear copies of documents)
1. Exemption is granted, subject to all just exceptions.
2. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance before the next date of hearing.
3. Accordingly, the present application is disposed of.
I.A. 7807/2024 (seeking leave to file additional documents)
1. The present application has been filed on behalf of the plaintiff under Order 11 Rule 1(4) of the Code of Civil Procedure, 1908 ['CPC'] as applicable to commercial suits under the Commercial Courts Act, 2015 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 11/04/2024 at 00:40:52 seeking to place on record additional documents.
2. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
3. Accordingly, the present application is disposed of.
C.A.(COMM.IPD-TM) 19/2024
1. This appeal has been filed under Section 91 of the Trade Marks Act, 1999 ['the Act'] assailing order dated 14th December, 2023 ['impugned order'] passed by the Senior Examiner of Trade Marks ['the Senior Examiner'] rejecting appellant's Trade Mark Application No. 4711190 in Class 16 for the mark 'ONE FOR ALL' ['the application'] in respect of goods (books) that they produce, publish and sell.
2. While appellant owns registrations for trademarks and 'OSWAAL BOOKS'; however, the tag lines such as 'LEARNING MADE SIMPLE' and 'ONE FOR ALL' are used along with the said books. The Senior Examiner rejected the application on the basis of Section 9(1)(a) of the Act, it being devoid of any distinctive character.
3. Mr. Abhishek Malhotra, counsel for appellant contends that the application was rejected on two grounds, firstly, it being devoid of distinctive character; and secondly, no material was produced to support the plea for giving distinctiveness / significance by appellant in the said mark.
4. While, in the prima facie opinion of this Court, the Senior Examiner may have been correct that the mark is devoid of any distinctive character, the appellant has to cross the threshold of proving that the mark has achieved 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 11/04/2024 at 00:40:52 significance and distinctiveness in favour of appellant. In this regard, Mr. Malhotra points out to various documents which are on record.
5. Notice be issued to the respondent through all permissible modes, returnable before this Court on the next date of hearing.
6. Submissions in response be filed by the respondent within next 8 weeks with copy to the opposing counsel. Rejoinder, if any, be filed before the next date of hearing.
7. List on 28th August, 2024.
8. Order be uploaded on the website of this Court.
ANISH DAYAL, J APRIL 8, 2024/sm/sc Click here to check corrigendum, if any 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 11/04/2024 at 00:40:54