M/S Kamdhenu Cattle Feeds Pvt Ltd v. Controller General Of Patents & ORS

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 106/2018, C.M. APPL.9781/2018, 9780/2018 & 9782/2018 M/S KAMDHENU CATTLE FEEDS PVT LTD ..... Appellant Through : Sh. Parag Tripathi, Sr. Advocate with Sh. Shailen Bhatia, Sh. Amit Kumar Jain, Ms.

Ekta Nayar Saini and Sh. Srinivasan Ramaswamy, Advocates.

versus CONTROLLER GENERAL OF PATENTS & ORS..... Respondents Through : Sh. Kirtiman Singh, CGSC.

Sh. Pravin Anand, Sh. A. Pant, Ms. Vaishali Mittal and Sh. Siddhant Chamola, Advocates, for Respondent No.3.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 16.04.2018 In the present appeal, the grievance is with respect to the adverse observations contained in the order of the Deputy Registrar of Trademarks [hereafter "the DR"] dated 15.12.2017. In that order, the appellant was asked to seek its remedies under Section 57 of the Trademarks Act, 1999. It is brought to the notice of the Court that the observations in previous order dated 20.10.2017 on the issue of registration which is the subject matter of the application before the Intellectual Property Appellate Board (IPAB) under Section 91 of the Trademarks Act, would come in the way.

In the circumstances, it is hereby directed that neither the observations in the order dated 20.10.2017 nor the observations of the DR in the order dated 15.12.2017 shall be treated as conclusive in any manner nor be deemed to be a reflection on the merits of the appellant's application for rectification. The appeal is accordingly disposed of.

S. RAVINDRA BHAT, J A. K. CHAWLA, J APRIL 16, 2018/AJK