Liberty Group Marketing Division v. Registrar Of Trade Marks

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A.(COMM.IPD-TM) 28/2024 & I.As. 9641-9642/2024 LIBERTY GROUP MARKETING DIVISION ..... Appellant Through:

Mr.

Kapil Wadhwa, Mr.

Surya Rajappan, Ms. Tejasvini Puri and Ms.

Vasanthi Hariharan, Advocates.

versus REGISTRAR OF TRADE MARKS ..... Respondent Through:

Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikaday, Mr.

Lakshay Gunawat and Mr. Krishnan V., Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 01.05.2024 1.

The present appeal impugns order dated 13th June, 20231, whereby the Appellant's trademark application No. 4520953 for registering the mark in Class 13 for "Firearms; ammunition and projectiles; explosives; fireworks", has been refused on the ground of Section 11 of the 1 "Impugned 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 07/05/2024 at 11:18:28

Trade Marks Act, 19992 in light of the cited mark " "3 in the First Examination Report.

2.

After some arguments, Mr. Kapil Wadhwa, counsel for the Appellant, states that he shall take appropriate steps to have the Cited Mark rectified/ cancelled. However, he prays that the Petitioner's application, which has been refused, be kept pending so that they do not lose out on the seniority claim from the date of the said application4. 3.

In light of the prayer made by Mr. Wadhwa, the Court is inclined to set aside the impugned order. Accordingly, the Petitioner's application is restored to its original number. The same shall be now taken up for hearing at request of the Petitioner on furnishing proof to the Senior Examiner of the Trademarks that the Cited Mark has been cancelled/ rectified, or the objection raised no longer sustains.

4.

It is clarified that the Court has not expressed any opinion on the merits of the case. The Petitioner's application shall now be considered on its own merits, subject to Petitioner succeeding in taking appropriate steps to have the impugned cited mark referred above rectified. 5.

The appeal along with pending applications are disposed of. SANJEEV NARULA, J MAY 1, 2024 as 2 "the Act"

3 "Cited Mark"

4 Date of application: 5th June, 2020.

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 07/05/2024 at 11:18:28