Wellcon Animal Health Pvt Ltd v. M/S. Welldorf Labs & ORS.
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 57/2024 & I.A. No. 9674/2024 WELLCON ANIMAL HEALTH PVT LTD .....Petitioner Through:
Mr. Deepak Dhyani, Advocate.
versus M/S. WELLDORF LABS & ORS.
.....Respondents Through:
Mr. Chirag Jain with Mr. Shobhit Shukla Kunal Goyal, Advocates.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA % 11.09.2024
O R D E R
1.
The present petition has been filed under Section 47 and 57 of the Trade Marks Act, 1999 seeking rectification/cancellation of the registered trademark 'APTIFAST' bearing Trade Mark No. 3823783 in Class-5 from the Register of Trademarks.
2.
Today, Mr. Chirag Jain, Advocate appearing for respondent nos. 1 to 4 submits that he has instructions to withdraw the Trade Mark registration No. 3823783 registered in Class-5 in favour of the respondents. 3.
Accordingly, let steps be taken by the respondents for withdrawal of their registered trademark 'APTIFAST', bearing Trade Mark No. 3823783 in Class-5, from the Register of Trademarks.
4.
Learned counsel appearing for the respondents submits that an appropriate application seeking withdrawal of Trademark No. 3823783 shall 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 17/09/2024 at 10:57:20
be filed before the Registrar of Trademarks within a period of three weeks from today.
5.
The respondents are held bound by the aforesaid statement. 6.
Accordingly, it is directed that upon filing of the application by the respondents, the registered trademark, i.e., 'APTIFAST' bearing Trade Mark registration No. 3823783 in Class-5, shall be struck off from the Register of Trademarks.
7.
Learned counsel appearing for the petitioner submits that he is satisfied with the aforesaid statement made on behalf of the respondents and that the present petition can be disposed of, in the aforesaid terms. 8.
Considering the aforesaid, the present petition is disposed of in the aforesaid terms, along with the pending application. MINI PUSHKARNA, J SEPTEMBER 11, 2024 c 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 17/09/2024 at 10:57:20