Himalaya Global Holdings Ltd & ANR. v. Mohd. Salman Trading As M/S Shinewood Pharmaceuticals & ANR.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 84/2025 HIMALAYA GLOBAL HOLDINGS LTD & ANR. .....Petitioners Through:

Mr. Debjyoti Sarkar, Mr. Vishal Nagpal, Ms. Suhrita Majumdar and Mr. Bal Krishan Singh, Advocates.

versus MOHD. SALMAN TRADING AS M/S SHINEWOOD PHARMACEUTICALS & ANR.

.....Respondents Through:

Mr. Suraj Aggarwal, Advocate for R-1.

Mr. Sumit Nagpal, SPC for R-2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 20.01.2026 1.

This rectification petition is filed on behalf of the Petitioners under Sections 47 and 57 of Trade Marks Act, 1999 ('1999 Act') seeking a direction that entry made in relation to the impugned trademark '7 LIV DS' under Registration No. 3576129 in Class 05 be removed/expunged/cancelled and Petitioners' trademark 'Liv. 52' be declared as well-known trademark within the meaning of Section 2(1)(zg) of 1999 Act as also for cost of the proceedings.

2.

At the outset, learned counsel for the Petitioners, on instructions, submits that Petitioners do not press relief (c) i.e., cost of the proceedings. 3.

Learned counsel for Respondent No. 1, the contesting Respondent, on instructions, submits that Respondent No. 1 has never used the impugned trademark in the past and has no intent to do so in the future and therefore, C.O. (COMM.IPD-TM) 84/2025 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 27/01/2026 at 11:45:54

the said Respondent has no objection to the present petition being allowed and the entry in respect of Registration No. 3576129 being cancelled. 4.

In light of the stand taken by Respondent No. 1, this petition is allowed, cancelling the entry made with respect to impugned trademark '7 LIV DS' in the Register of Trade Marks under Registration No. 3576129 in Class 05 with a further direction to the Register of Trade Marks to remove/expunge the entry for the sake of maintaining purity of the Register. The needful shall be done within two months from today. No further order is required to be passed as Petitioners have given up the relief of cost of proceedings.

5.

Petition is disposed of in the aforesaid terms. JYOTI SINGH, J JANUARY 20, 2026/RW C.O. (COMM.IPD-TM) 84/2025 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 27/01/2026 at 11:45:54