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2020 Supreme(Del) 312

PRATHIBA M.SINGH
Jai Bhagwan Gupta – Appellant
Versus
Registrar of Trade Marks – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sudershan K. Bansal, Mr. Ajay Amitabh Suman and Mr. Vinay Shukla, Advocates
For the Respondent: Mr. Vishal Mittal, Senior Panel Counsel

JUDGMENT :

Prathiba M. Singh, J.

1. The present writ petition has been filed by the Petitioner - Shri Jai Bhagwan Gupta, proprietor of M/s. Bhagwan Kirana Company, against the Registrar of Trademarks and Respondent Nos. 4 & 5. The Petitioner has used the trademark “JEERA PUJARI” in respect of jeera and sauff since 1980. The Petitioner also has registration for “JEERA PUJARI” word mark since 1987 bearing no.472153. The said mark has been duly renewed by the Petitioner. The Petitioner also has a second trademark bearing no.631107 for “JAI PUJARI BRAND” label.

2. The grievance of the Petitioner is that despite the Petitioner having registered the trademarks for “JEERA PUJARI” word mark and “JAI PUJARI BRAND” label mark, the Registrar of Trademarks is advertising various trademarks consisting of the word “PUJARI” in respect of identical goods falling in Class 30. It is, thus, submitted that though the Petitioner has filed oppositions in respect of these marks, the same has become a burden upon the Petitioner who is saddled with costs for oppositions and for keeping a watch on the trademark journal. Under such circumstances, the Petitioner prays for the following reliefs:

    “(i) issue a writ

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