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2020 Supreme(Del) 991

VIBHU BAKHRU
Vinod Kumar Proprietor Of Kunal Trading Corporation – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
Suwarn Rajan Chauhan, Advocate, Nandita Rao, Advocate

JUDGMENT

Vibhu Bakhru, J. - The petitioner has filed the present petition, inter alia, impugning the FIR No.154/2020 under Sections 103 and 104 of the Trade Marks Act, 1999 (hereafter ''the Trade Marks Act'') registered with PS Kamla Market.

2. The said FIR was registered at the instance of respondent no.4. The controversy in the preset petition relates to use of the Trademark (hereafter ''the Trademark'') in relation to manufacture and trade of bearing, bearing brackets, ball rings for bearing, parts and fittings for use in motor vehicle and automobiles. The petitioner claims that the petitioner has been using the Trademark since 2009. The petitioner applied vide application no.1989336 for registration of the said the Trademark in Class 7 in relation to bearing, bearing brackets, ball rings for bearing on 06.07.2010. Subsequently, the petitioner also filed another application (application bearing no.3318333) for registration of the Trademark in class 12 in relation to parts and fittings for use in motor land vehicles and automobiles. The petitioner claims that, thereafter on 10.12.2019, he also secured the Copyright Registration of artistic work of the Trademark.

3. On 14.03.2020,

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