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2022 Supreme(Del) 1759

PRATHIBA M. SINGH
Jindal Industries Private Limited – Appellant
Versus
Registrar Of Trade Mark – Respondent


Advocates appeared:
Mr. Rishabh Srivastava, Ms. Shreeya Rastogi & Ms. Sunita, Advocates., for the Appellant; Mr. Harish V. Shankar, CGSC, Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat, Mr. Alexander Mathai Paikaday, Advs. (M:9810788606), for the Respondent;

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through hybrid mode.

2. This is an appeal under Section 91 of the Trade Marks Act, 1999 (hereinafter 'Act') challenging the order dated 17th September, 2019 passed by the Trade Marks Registry read along with statement of grounds dated 14th July, 2020. Vide the said order, the trademark application of the Appellant/Applicant (hereinafter 'Applicant') has been rejected. The details of the Applicant's trade mark application areas under:

3. The said mark has been rejected by the Trade Mark Registry under Section 9 of the Act as also the Emblems and Name (Prevention of Improper Use) Act, 1950. The relevant portion of the order impugned order dated 17th September, 2019 reads as under:

    "An application for registration of trade mark consisting of word " Jindal" was filed by the aforesaid Applicant under application No 1856072 in respect of applied goods included in Class -11. The application was examined and examination report containing the objections to the acceptance of application for registration of trade mark was communicated to the Applicant. On the request of the Applicant, a hearing was fixed in this matter. Eventually on 12

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