Smooth Industrial Products Limited v. Arvind Kumar Saxena ANR

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 86/2026 SMOOTH INDUSTRIAL PRODUCTS LIMITED .....Petitioner Through:

Mr. Krishna V.S., Mr. Ashish Sharma and Ms. Kamana Divyasree, Advocates.

versus ARVIND KUMAR SAXENA & ANR .....Respondents Through:

Ms. Prachi Pareek, Advocate along with Respondent No. 1 in person.

Ms. Nidhi Raman, CGSC with Mr. Om Ram, Advocate for R-2/Registrar of Trademarks.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 27.03.2026 I.A. 8246/2026 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

C.O. (COMM.IPD-TM) 86/2026 3.

This rectification petition is filed on behalf of the Petitioner under Sections 47 and 57 of the Trade Marks Act, 1999 for a direction to Respondent No. 2/Registrar of Trademarks to cancel the entry relating to Registration No. 4854451 for the mark "SMOOTH FUSE" in Class 01. 4.

Issue notice.

5.

Ms. Prachi Pareek, learned counsel accepts notice on behalf of Respondent No. 1.

C.O. (COMM.IPD-TM) 86/2026 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 01/04/2026 at 14:31:32

6.

Ms. Nidhi Raman, learned CGSC accepts notice on behalf of Respondent No. 2/Registrar of Trademarks.

7.

Mr. Arvind Kumar Saxena, Respondent No. 1, who has joined Court proceedings virtually submits that he has no intention to use the mark "SMOOTH FUSE" under Registration No. 4854451 in Class 01 and hence he has no objection to the petition being allowed and the entry being cancelled. The statement is taken on record.

8.

Accordingly, this petition is allowed and disposed of directing Respondent No. 2/Registrar of Trademarks to cancel the entry relating to Registration No. 4854451 for the mark "SMOOTH FUSE" in Class 01. 9.

Necessary action will be taken by Respondent No. 2/Registrar of Trademarks within six weeks from the date of receipt of this order. 10.

Copy of the order will be sent to Respondent No. 2/Registrar of Trademarks by counsel appearing for Respondent No. 2. JYOTI SINGH, J MARCH 27, 2026/RW C.O. (COMM.IPD-TM) 86/2026 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 01/04/2026 at 14:31:32