Manash Lifestyle Private Limited v. Ghanshyam Proprietor Of Lakshita Trading Co. & ANR.

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 161/2024 MANASH LIFESTYLE PRIVATE LIMITED .....Petitioner Through:

Mr. Siddharth Yadav, Mr. Nageshwar Kumhar and Mr.

Ayush Dey, Advocates Mob: 9818823289 versus GHANSHYAM PROPRIETOR OF LAKSHITA TRADING CO. & ANR.

.....Respondents Through:

Mr. Ghanshyam, Respondent no. 1 in person.

Mr. Shashank Garg, CGSC with Ms.

Avika Jaini, Ms. Nishtha Jain, Ms.

Aradhya Chaturvedi and Mr. Raghav Bhatia, Advocates for R-2.

Mob: 9910999064 Email: office@shashankgarg.net

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 22.10.2024

O R D E R

1.

The present rectification petition has been filed seeking rectification/removal of the trademark , bearing application no.

4630264 in Class-25 registered in the name of respondent no. 1. 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 25/10/2024 at 14:21:10

2.

As per the case canvassed by the petitioner, the respondent is counterfeiting the petitioner's mark 'PURPLLE'. 3.

Upon issuance of notice, Mr. Ghanshyam, proprietor of Lakshita Trading Company, has put in appearance. He submits that he wishes to give up the mark in question and he shall not use the same. 4.

A copy of self attested Aadhar Card as well as the court pass of Mr. Ghanshyam, i.e., respondent no. 1, has been taken on record. 5.

Accordingly, considering the statement made before this Court, the trademark , bearing application no. 4630264 in Class-25, registered in the name of respondent no. 1, is hereby cancelled. 6.

The Registry of Trade Marks is directed to remove the mark of respondent no. 1 from its register. The rectification in the register of Trade Marks be carried out, accordingly.

12.

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. 7.

The present petition is accordingly disposed of, with the aforesaid directions.

MINI PUSHKARNA, J OCTOBER 22, 2024 ak 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 25/10/2024 at 14:21:10