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2023 Supreme(Del) 4781

SANJEEV NARULA
Sap Se – Appellant
Versus
Swiss Auto Products – Respondent


Advocates appeared:
Mr. Peeyoosh Kalra, Mr. CA Brijesh and Ms. Pragati Agrawal, Advocates, for the Petitioner.
Mr. Sanjeev Singh, Advocate, for the Respondent-1.
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat and Mr. Alexander Mathai Paikaday, Advocates, for the Respondent-2.

JUDGMENT

Sanjeev Narula, J. The crux of the present appeal revolves around Appellant's entitlement to furnish additional evidence, in a bid to bolster its claim for the registration of a proposed trademark. The situation calls for the resolution of a critical question of law, the nexus between the chronology of the application and the procedural rules in effect during different stages of its pendency, thereby setting the stage for the legal quandary.

FACTS

2. Originating in 1972, the Appellant - SAP SE, has emerged as a significant player in the domain of providing synergistic business solutions for an array of industries and ranks amongst the world's leading business software entities. Despite its Germany-based headquarters, the Appellant's influence has spread globally, with an established presence in several countries. Marking its entry into India in 1992, the Appellant has been engaged in the distribution of products/services under the flagship trademark "SAP". The Appellant holds ownership over several intellectual properties, notably the trademark "SAP", a moniker adopted way back in 1972 and utilized extensively and uninterruptedly since then. The said trademark has become in













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