Vineet Sharma v. The Registrar Of Trade Mark

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A.(COMM.IPD-TM) 59/2024 & I.A. 35280/2024 VINEET SHARMA .....Appellant Through:

Mr. Utkarsh Gupta, Adv.

M: 8860211682 Email: info@99guptassociates.com versus THE REGISTRAR OF TRADE MARK .....Respondent Through:

Mr. Arnav Kumar, CGSC with Ms.

Gitanjali Vohra, Advocate Mob: 9873657406 Email: arnav@dglaw.co.in

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 04.03.2025

O R D E R

1.

The present appeal has been filed under Section 91 of the Trade Marks Act, 1999, wherein, the Trademark Application No. 5504578 of the appellant for registration of the trademark 'SACRED HOLIDAY' in Class 43, was refused vide order dated 15th March, 2024, passed by the learned Examiner, Registrar of Trademarks.

2.

Learned counsel appearing for the appellant submits that during the pendency of the present appeal, the appellant has already been granted trademark registration for the same mark, i.e., 'SACRED HOLIDAY' in the same Class, i.e., Class 43, vide Registration Nos. 5504579, 5504580 and 5504581. He has handed over documents pertaining to the same to this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court, which are taken on record.

3.

The trademark registration granted in favour of the appellant for the trademark 'SACRED HOLIDAY' vide TM Application No. 5504579, is reproduced as under:

4.

This court notes that the present appeal also pertains to the registration of the trademark 'SACRED HOLIDAY' in the same class, i.e., The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Class 43, for which the appellant, has already been granted trademark registration.

5.

Considering the aforesaid, this Court is of the view that when the appellant has already been granted trademark registrations for the same mark, in the same class, in other applications, by the Registrar of Trade Marks, there is no impediment for granting registration in favour of the appellant for the trademark in question, in the same class. 6.

Accordingly, without going into the merits of the impugned order dated 15th March, 2024, and without adjudicating on the entitlement of the appellant for registration of the mark in question in its favour, the impugned order dated 15th March, 2024, passed by the Trademarks Registry in Application no. 5504578, is hereby set aside. 7.

The Application no. 5504578 filed by the appellant herein before the Trademarks Registry, is revived.

8.

The Trademark Registry is directed to proceed with advertising the Application No. 5504578 for the trademark 'SACRED HOLIDAY' in Class 43, forthwith, and registration be granted in favour of the appellant herein, in accordance with law.

9.

With the aforesaid directions, the present appeal, along with the pending application, stands disposed of.

10.

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. MINI PUSHKARNA, J MARCH 4, 2025/ ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.