Marc Enterprises Pvt. Ltd. v. Marc Sanitation Pvt. Ltd. & ANR.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 91/2025 & I.A. 8295/2025, I.A. 8296/2025 MARC ENTERPRISES PVT. LTD.

.....Petitioner Through:

Mr. Pankaj Kumar, Adv.

versus MARC SANITATION PVT. LTD. & ANR.

.....Respondents Through:

Mr. Shivendra Pratap Singh with Mr.

Navdeep Suhag, Advs. for R-1.

Mr. Gaurav Barathi, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 15.09.2025 1.

The present petition has been filed seeking following prayers:- (a) Rectify the impugned registration of trademark by restricting or limiting the goods in the impugned application to "Bathroom and Sanitary fittings and accessories" OR (b) Remove/cancel/expunge the entry pertaining to impugned registration of Trade Mark'

bearing no. 5849026 in class 11 ', from the Register with exemplary costs in favour of the petitioner and against the Respondent No. I.

(c) Pass any such other order and further orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

2.

Learned counsel for the petitioner states that he would be satisfied if prayer clause 'a' is granted.

3.

Mr. Shivendra Pratap Singh, learned counsel appearing on behalf of respondent no.1 states that respondent no.1 has no objection to the grant of 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 18/09/2025 at 12:06:24

prayer clause 'a'. He states that the prayer clause 'a' is in conformity with the settlement agreement dated 09.04.1996.

4.

The controversy in this matter has arisen on account of the goods and service details mentioned in TM No.5849026. The goods and service details currently reads as under:- Goods & Service Details [CLASS : 11] BATHROOM, SANITARY AND PLUMBING FITTINGS, FIXTURES AND APPLIANCES INCLUDED IN CLASS 11.

5.

With the consent of parties, it is hereby directed that the goods and service details for TM No.5849026 shall be amended to reflect 'Bathroom and Sanitary fittings and accessories'.

6.

Learned counsel for respondent no.1 is directed to communicate this order to the Registrar of Trademark for carrying out necessary corrections in its register and issuing a fresh TM Registration in favour of respondent no.1. 7.

The Registrar Trademark is directed to carry out the changes within a period of four (4) weeks from today.

8.

With the aforesaid directions, the petition stands disposed of. Pending applications stand disposed of.

9.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J SEPTEMBER 15, 2025/gm 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 18/09/2025 at 12:06:24