Heidelberger Druckmaschinen Ag v. The Registrar Of Trade Marks And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.A.(COMM.IPD-TM) 62/2024 HEIDELBERGER DRUCKMASCHINEN AG .....Appellant Through:

Mr. Jayant Kumar, Ms. Ruchi Singh and Mr. Sumit Verma, Advocates.

versus THE REGISTRAR OF TRADE MARKS AND ANR .....Respondents Through:

Ms. Nidhi Raman, CGSC with Mr.

Jubin Singh and Mr. Chetan Jadon, Advocates for R-1.

Mr.

Markandey Kumar Singh, Advocate for R-2 5.

+ C.A.(COMM.IPD-TM) 63/2024 HEIDELBERGER DRUCKMASCHINEN AG .....Appellant Through:

Mr. Jayant Kumar, Ms. Ruchi Singh and Mr. Sumit Verma, Advocates.

versus THE REGISTRAR OF TRADE MARKS AND ANR .....Respondents Through:

Ms. Nidhi Raman, CGSC with Mr.

Jubin Singh and Mr. Chetan Jadon, Advocates for R-1.

Mr.

Markandey Kumar Singh, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 12.11.2024 1.

Both the aforesaid appeals have been preferred under Section 91 of the Trade Marks Act, 1999 challenging the order dated 3rd May, 2024 passed by the Registrar of Trademarks/Respondent No.1. C.A.(COMM.IPD-TM) 62/2024 and connected matter 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 14/11/2024 at 11:46:06

2.

By way of the impugned order, the oppositions filed by the Appellant to the trademark applications filed on behalf of Respondent No.2 in respect of the Mark (HEIDELCO) in Classes 10 and 44 respectively have been dismissed. Consequently, the trademark applications have been granted registration.

3.

On the last date of hearing before the learned Joint Registrar i.e., 23rd October, 2024, counsel appeared for Respondent No.2 and stated that the Respondent No.2 does not wish to contest the present appeals. 4.

Today, once again, Mr Markandey Kumar Singh, counsel appearing for Respondent No.2 submits that he has instructions from Respondent No.2 not to contest the present appeals.

5.

Mr Singh further submits that Respondent No.2 is agreeable to file applications for cancellation/withdrawal of the trademark registrations in respect of the aforesaid mark granted in its favour. 6.

The aforesaid statement is taken on record.

7.

In view of the aforesaid statement made by the counsel for Respondent No.2, Mr. Jayant Kumar, learned counsel appearing for the Appellant does not wish to press the present appeals. 8.

Accordingly, both the appeals are disposed of while directing that the Respondent No.2 shall take steps for withdrawal/cancellation of the subject trademark registration no.4483464 and trademarks registration no.4483463 within two (2) weeks from today.

AMIT BANSAL, J NOVEMBER 12, 2024 Vivek/- C.A.(COMM.IPD-TM) 62/2024 and connected matter 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 14/11/2024 at 11:46:06