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2023 Supreme(Del) 5420
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
La Gajjar Machineries Pvt. Ltd. - Appellant
Versus
Kesari Lal - Aruna Industries & Anr. - Respondents
C.O. (COMM.IPD-TM) 26 of 2021
Decided On : 16-10-2023
Important Points
The court directed the Registrar to correct the status of the expired trade mark on the website of the Registrar of Trade Marks.
Subject
Intellectual Property Law - Trade Marks
Headnote
The petitioner raised concerns about the impugned mark ARUNA, which had expired but was still shown as 'registered' on the Registrar of Trade Marks website. The Registrar acknowledged the delay in updating the status and was directed to correct it to 'expired'. The court disposed of the petition with liberty for the petitioner to revive it if the impugned trade mark is renewed.
Mr. Samanyu Bhatnagar and Mr. Bhav Arora, Advocates, for the Petitioner.
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikaday, Mr. M. Sriram and Mr. Krishnan V, Advocates, for the Respondent.
ORDER (Oral)
1. Mr. Bhatnagar, who appears on behalf of the petitioner, submits that, though the impugned mark ARUNA, against which the present petition has been preferred, has expired, it is still shown as "registered" in favour of Respondent 1 on the website of the Registrar of Trade Marks.
2. Mr. Paikaday, who appears on behalf of the Registrar of Trade Marks, submits that, at times, some delay is occasioned in showing the correct status of the trade mark.
3. As the trade mark has yet not been renewed, the Registrar is directed forthwith to correct the status of the impugned mark and show it as expired on the website of the Registrar of Trade Marks.
4. In that view of the matter, no further orders are required to be passed in this petition. The petition is, accordingly, disposed of with liberty to the petitioner to revive this petition by means of an application, should the impugned trade mark be renewed.
