Modicare Limited vs Registrar Of Trademarks on 9 March, 2022

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Delhi High Court - Orders

Modicare Limited vs Registrar Of Trademarks on 9 March, 2022

Bench: Prathiba M. Singh

                                                         Signature Not Verified
                                                         Digitally Signed
                                                         By:DEVANSHU JOSHI
                                                         Signing Date:11.03.2022
                                                         07:02:27


$~12
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+              C.A.(COMM.IPD-TM) 9/2022
       MODICARE LIMITED                            ..... Plaintiff
                    Through: Ms. Rajeshwari H, Mr. Vikramjeet
                             and   Mr.     Deepanshu       Nagar,
                             Advocates. (M:9717996516)
                    versus

       REGISTRAR OF TRADEMARKS                           ..... Defendant
                      Through: None.
       CORAM:
       JUSTICE PRATHIBA M. SINGH
                ORDER

% 09.03.2022

1. This hearing has been done through hybrid mode.

I.A. 3850/2022

2. This is an application seeking directions for listing of the present appeal before Hon'ble Judge-in-Charge (Original Side) on an earlier date instead of 19th April 2022, the date fixed as per order passed on 17th January, 2022, for appropriate directions. The matter is now listed before this Bench.

3. Application is disposed of.

C.A.(COMM.IPD-TM)-9/2022

4. The present appeal has been filed under section 91(1) of the Trade Marks Act, 1999 challenging the impugned order dated 01st March 2021 passed by the office of the Registrar of Trademarks refusing registration for the Appellant's trademark 'ACHIEVERS ACADEMY' bearing Application No. 3306596 under class 41. The registration was denied on the ground that the mark applied for registration is similar to earlier trademarks on record Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:11.03.2022 07:02:27 and hence the mark is objectionable under Section 11(1)(b) of the Act.

5. The case of the Appellant is that one of the marks which was cited by the Examiner is a mark which was already removed/abandoned.

6. Let notice be issued to the Respondent through Mr. Harish Vaidyanathan, ld. Counsel. Let a short affidavit be filed, if required, by the Respondent.

7. List for hearing on 19th April, 2022.

PRATHIBA M. SINGH, J.

MARCH 9, 2022 dj/sk

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Delhi High Court - Orders