JUDGMENT (Oral)

C.O. (COMM.IPD-TM) 255/2021

1. Mr. Abhishek Saket, learned Counsel for the respondent appears and submits that, despite efforts to contact his client, he has not been successful. I had noted, on the last date, that this case could not be repeatedly adjourned awaiting the convenience of the respondent in contacting his counsel and instructing him in the matter.

2. Besides, the issue in controversy appears to be covered by the judgment of this Court in C.O. (COMM.IPD-TM) 117/2021 (Bennet, Coleman and Company Ltd. v. Vnow Technologies Pvt. Ltd., 2023 SCC OnLine Del 864).

3. The petitioner is aggrieved by Registration No. 2581941 whereby the Trade Marks Registry has registered the mark in favour of Respondent 1 in Class 38 of the NICE classification applicable to registration of trade marks, w.e.f. 19 August 2013, in respect of the service "broadcast of television programs".

4. The petitioner is the proprietor of the marks TIMES NOW, ET NOW, MOVIES NOW, ROMEDY NOW and MIRROR NOW, also registered in the petitioner's favour in Class 38.

5. The services in respect of which these registrations have been granted are the following:

Marks ClassServicesTIMES NOW38television and radi

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