High Court of DelhiC.O. (COMM.IPD-TM)/282/2022

Mankind Pharma Limited v. Dr. Kind Formulation Pvt. Ltd. And The Registrar Of Tradmarks.

2024-05-20Hon'Ble Mr. Justice Anish Dayal9 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 282/2022 MANKIND PHARMA LIMITED ..... Petitioner Through:

Mr. Hemant Daswani, Adv. ; Ms.

Saumya Bajpai,Adv.; Ms. Pranjal,Adv.

versus DR. KIND FORMULATION PVT. LTD. AND THE REGISTRAR OF TRADMARKS.

..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 20.05.2024 1.

This rectification petition has been filed by petitioner seeking removal of the following mark registered in favour of respondent no. 1 ['impugned mark']:

PARTICULARS IMPUGNED TRADEMARK MARK 'NONIKIND'

APPLICATION NO.

2699558 CLASS(ES) USER 05th December 2013 DATE OF APPLICATION 14th March 2014 REGISTERED ON 05th May 2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No one appears on behalf of respondent no.1 despite notices. 3.

Respondent no.1 has been proceeded ex-parte by order dated 22nd March, 2023.

Counsel for petitioner has pointed out that, at the time when user in the impugned mark was claimed by respondent, the turnover of the petitioner, was already Rs. 1,971 crores, as evident from the certificate of the Charted Accountant filed along with the petition.

Further, there is a whole list of marks which the petitioner has registered with the prefix or suffix 'KIND', legal proceedings certificate and trademark registrations having been filed as part of the petition. 6.

A list of 154 such marks has been provided by counsel for petitioner. Screenshot of the list is reproduced as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

These marks have been utilised since as early as 2000. 8.

In view of these documents as well as pleadings which have been filed, and there is no rebuttal by respondent no.1, present rectification petition is allowed.

The impugned mark be removed from the Trade Marks Register, Register may accordingly be rectified, and website of the Trade Marks Registry be updated. The same may be done within four weeks from today. 10.

Registry to supply a copy of the present order to Trade Marks Registry at llc-ipo@gov.in for information and compliance. 11.

Present petition is disposed of. Pending applications, if any, are rendered infructuous.

12.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 20, 2024/RK/sc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.