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2023 Supreme(Del) 2397

IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Resilient Innovations Private Limited. – Appellant
Versus
The Registrar of Trade Marks & Anr. – Respondents
W.P.(C)-IPD 33 of 2023, CM 98 of 2023 (Interim reliefs) and CM 99 of 2023 (Exemption), W.P.(C)-IPD 34 of 2023, CM 100 of 2023 (Interim reliefs) and CM 101 of 2023 (Exemption), W.P.(C)-IPD 35 of 2023, CM 102 of 2023 (Interim reliefs) and CM 103 of 2023 (Exemption) & W.P.(C)-IPD 36 of 2023, CM 104 of 2023 (Interim reliefs) and CM 105 of 2023 (Exemption)
Decided On : 09-08-2023

Advocates appeared:
Mr. Mohit Goel, Mr. Sidhant Goel and Mr. Deepankar Mishra, Advocates, for the Petitioner.
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat, Mr. Alexander Mathai Paikaday, Mr. M. Sriram and Mr. Krishnan V., Advocates, for the Respondent-1.
Mr. Saikrishna Rajagopal, Mr. Pushpam Jha, Mr. Nitin Sharma, Ms. Shilpa Gupta, Ms. Deepika Pokharia and Ms. Deepti Sarin, Advocates, for the Respondent-2.

The court emphasized the importance of the Registrar's decision on the petitioner's request for abandonment being made within a specified time frame and in accordance with principles of natural justice and fair play.

Headnote:

Abandonment - Trademark Registration - The court directed the Registrar to take a decision on the petitioner's letters calling for the abandonment of the opposition filed by Respondent 2 within four weeks, ensuring compliance with natural justice and fair play.

Fact of the Case:

The petitioner sought the abandonment of the opposition filed by Respondent 2 to its trademark registration applications, claiming non-decision on their letters to the Registrar.

Finding of the Court:

The court directed the Registrar to decide on the petitioner's letters within four weeks, ensuring compliance with natural justice and fair play, and granted both parties an opportunity for a personal hearing.

Issues: Non-decision on petitioner's letters calling for abandonment of opposition, compliance with natural justice and fair play.

Ratio Decidendi: The court emphasized the need for the Registrar to decide on the petitioner's request for abandonment within a specified time frame and in accordance with principles of natural justice and fair play.

Final Decision: The court directed the Registrar to decide on the petitioner's request for abandonment within four weeks, ensuring compliance with natural justice and fair play, and granted both parties an opportunity for a personal hearing.

JUDGMENT (Oral)

1. Rule nisi.

2. Rule made returnable forthwith.

3. The grievance of the petitioner in all these writ petitions is that the opposition filed by Respondent 2 to the applications of the petitioner for registration of its trademarks had to be treated as abandoned under Rule 45(2) of the Trade Mark Rules, 2017 and that though the petitioner had, vide communications dated 19 April 2023 and 11 July 2023, called upon the Registrar to declare the opposition filed by Respondent 2 as having been abandoned, there is no decision on the said letters.

4. Both sides are agreeable to the disposal of these petitions with a direction to the Registrar or the competent officer authorised by the Registrar to take a decision on the petitioner's letters dated 19 April 2023 and 11 July 2023 within a period of four weeks in accordance with law and the procedure prescribed in the statute in that regard and in due compliance with the principles of natural justice and fair play.

5. The petitioner and Respondent 2 shall be granted an opportunity of personal hearing in these matters, for which purpose, they are directed to appear before the competent officer on 16 August 2023.

6. All these writ petitions stand disposed of in the aforesaid terms.

7. Miscellaneous applications also stand disposed of.

8. The Court clarifies that it has not expressed any opinion on the merits of the letters dated 19 April 2023 or 11 July 2023, and that the concerned officer would dispose of the petitioner's request/prayer, as contained in the said letters, on merits and in accordance with law.

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