Ram Gopal Agrawal v. Lata Bansal

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 266/2025, CM Nos.29292/2025, 29293/2025, 29294/2025 & 29295/2025 RAM GOPAL AGRAWAL .....Petitioner Through:

Mr. Praneesh Goyal, Mr. Pratyaksh Sikodia & Mr.

Rohit Sharma, Advocates.

Versus

LATA BANSAL .....Respondent Through:

Mr.

Arkaj Kumar, Ms.

Ramya Aggarwal & Ms.

Srishti Arora, Advocates.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 24.11.2025 1.

The Petitioner has filed the present Petition under Sections 27 and 57 of the Trade Marks Act, 1999 ("Act") seeking cancellation / removal / rectification of the impugned Trade Mark bearing Registration Application No.2603447 in Class 14 in the name of the Respondent, Lata Bansal, from the Register of Trade Marks. 2.

The learned Counsel for the Petitioner submits that the Petitioner has already filed a Rectification Petition before the learned Registrar of Trade Marks. However, the Petitioner has filed the present Petition seeking permanent injunction restraining the Respondent from using, manufacturing, exporting, selling, offering for sale, advertising, promoting or marketing, directly or indirectly, any goods or services under the Trade Mark / Logo 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 27/11/2025 at 14:48:27

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3.

It is pertinent to mention that the Petitioner has not impleaded the Registrar of Trade Marks as a party to the present Petition. 4.

Considering the nature of the prayer sought in the present Petition as well as the fact that the Petitioner has already filed a similar Rectification Petition under Sections 27 and 57 of the Act before the learned Registrar of Trade Marks on 31.07.2025, which is pending consideration, the present Petition is not maintainable as the relief sought in the present Petition cannot be granted under Section 57 of the Act.

5.

Accordingly, the present Petition as well as the pending applications stand dismissed.

TEJAS KARIA, J NOVEMBER 24, 2025 'gsr'

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 27/11/2025 at 14:48:27