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High Court of DelhiW.C.(C)-IPD/38/2024

Manash Lifestyle Private Limited v. The Registrar Of Trade Marks

2025-02-10Hon'Ble Mr. Justice Amit Bansal2 pages

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C)-IPD 38/2024 MANASH LIFESTYLE PRIVATE LIMITED .....Petitioner Through:

Mr. Nageshwar Kumar & Mr. Ayush Dey, Advocates.

versus THE REGISTRAR OF TRADE MARKS .....Respondent Through:

Ms. Radhika Biswajit Dubey, CGSC wit Ms Gurleen Kaur & Mr. Vivek Sharma, Advocates for UoI.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 10.02.2025 1.

The present writ petition has been filed seeking setting aside of the rejection of TM-M Application No. 1472720 dated 29th April, 2023 by the respondent and directing the respondent to transfer the ownership of trade mark Application No. 4027598 in Class 3 from M/s Faces Cosmetics India Pvt. Ltd. to the petitioner.

2.

Notice is the present writ petition was issued on 13th December 2024 and counsel for the respondent was asked to take instructions. 3.

Ms. Radhika Biswajit Dubey, counsel for the respondent, on instructions, submits that the assignment deed in favour of the petitioner is not available in the records of the Trade Marks Registry. Nevertheless, the respondent is willing to give a hearing to the petitioner. 4.

In view of the above, the impugned order dated 29th April, 2023 is set aside and the matter is remanded back to the Trade Marks Registry. W.P.(C)-IPD 38/2024 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 17/02/2025 at 17:37:16

5.

The Trade Marks Registry shall pass a fresh order after giving an opportunity of hearing to the petitioner. Notice for the hearing will be given to the petitioner and hearing will be conducted within three weeks from today.

6.

With the above directions, the present writ petition is disposed of. 7.

The Registry is directed to send a copy of this order to the Trade Marks Registry on email llc-ipo@gov.in for compliance. AMIT BANSAL, J FEBRUARY 10, 2025 at W.P.(C)-IPD 38/2024 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 17/02/2025 at 17:37:16