Delhi High Court - Orders
Maharishi University Of Information ... vs Registrar Of Trademark on 12 August, 2024
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 61/2024, I.A. 36140/2024 & I.A. 36141/2024
MAHARISHI UNIVERSITY OF INFORMATION
TECHNOLOGY .....Appellant
Through: Mr. Ravi Ranjan, Adv. (Through VC)
versus
REGISTRAR OF TRADEMARK .....Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra
and Mr. Alexander Mathai Paikaday,
Advs.
M: 9810788606
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 12.08.2024 I.A. 36140/2024 (Application under Section 151 CPC seeking exemption from filing the certified/true typed copy of the annexures with proper margin)
1. Exemption allowed, subject to just exceptions.
2. Appellant shall file legible and clearer copies of exempted documents with proper margins, compliant with practice rules, before the next date of hearing.
3. The application is disposed of.
I.A. 36141/2024 (Application under Section 151 CPC seeking condonation of delay of 12 days in re-filing the appeal under Section 91 of The Trade Marks Act, 1999) 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 13/08/2024 at 09:25:06
4. The present is an application under Section 151 of Code of Civil Procedure ("CPC"), 1908 seeking condonation of delay of 12 days in re- filing the present appeal under Section 91 of the Trade Marks Act, 1999.
5. Considering the submissions made in the present application, the delay of 12 days in re-filing the present appeal is condoned.
6. Accordingly, the present application is disposed of. C.A.(COMM.IPD-TM) 61/2024
7. The present appeal has been filed under Section 91 of the Trade Marks Act, 1999, read with Rule 156 of the Trade Marks Rules, 2017 for setting aside the order dated 05th March, 2024 passed by the Trade Mark Registry, Delhi in Trade Mark Application No. 5086229, wherein, the learned Registrar has refused the trademark of the appellant under Section 11 of the Trade Marks Act, 1999.
8. The cited mark and the appellant's mark, are reproduced as under:
9. Learned counsel appearing for the respondent-Registrar of Trade Marks submits that a copy of the present appeal has not been served upon him.
10. Accordingly, let a full copy of the appeal along with the documents, be served upon the learned counsel appearing for the respondent, on the E-
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 13/08/2024 at 09:25:06 mail, which is reflected in today's order.
11. Let written submissions be filed by the respondent within a period of two weeks.
12. At this stage, learned counsel appearing for the appellant submits that he may be granted liberty to file written submissions in response to the written submissions filed by the respondent.
13. Liberty is so granted.
14. Let response written submissions, be filed by the appellant within a period of one week, thereafter.
15. Re-notify on 17th September, 2024.
MINI PUSHKARNA, J AUGUST 12, 2024/kr 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 13/08/2024 at 09:25:06