Mankind Pharma Limited v. Registrar Of Trade Marks

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A.(COMM.IPD-TM) 36/2024 MANKIND PHARMA LIMITED .....Appellant Through:

Mr. Hemant Daswani, Ms. Pranjal, Advocates.

Mob No. 9871824303 (Delhi@daswanianddaswani.com) versus REGISTRAR OF TRADE MARKS .....Respondent Through:

Ms. Saumya Tandon, CGSC.

Mob No. 9810907029 Adv.tandonsaumya@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 13.02.2025 1.

The present appeal has been filed under Section 91 of the Trade Marks Act, 1999 assailing the order dated 6th February, 2024 passed by the respondent, whereby, the trademark application bearing no. 5370688 filed by the appellant seeking registration of mark "FURRYKIND" in Class 30, on "proposed to used" basis, has been refused on the ground that the said mark is identical with or similar to the prior trade marks on record. 2.

Learned counsel appearing on behalf of the appellant submits that the mark cited in the examination report that is "FURRY" applied under application no. 2502265 in Class 30, has already expired, and has not been renewed despite expiry of one year statutory period. 3.

Today, learned counsel appearing on behalf of the respondent C.A.(COMM.IPD-TM) 36/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

confirms the fact that the cited mark, already stands removed. 4.

The document with respect to removal of the cited mark from the Register of Trade Marks, has been handed over before this Court, and is reproduced as under:

5.

Accordingly, it is manifest that the cited mark, on the basis of which, C.A.(COMM.IPD-TM) 36/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the application of the appellant was rejected by the respondent, is no longer in existence.

6.

Accordingly, the appeal stands allowed. The order dated 06th February, 2024, passed by the Registrar of Trade Marks, is set aside. 7.

The application of the appellant filed before the Trade Marks Registry vide application no. 5370688, is revived. The Trade Marks Registry is directed to deal with the application of the appellant, in accordance with law.

8.

The Registry is directed to supply a copy of the present order to the Office of the Controller General of Patents, Designs and Trade Marks of India, on E-mail Id: llc-ipo@gov.in, for compliance. 9.

With the aforesaid directions the present appeal is disposed of. MINI PUSHKARNA, J FEBRUARY 13, 2025/KG C.A.(COMM.IPD-TM) 36/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.