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DELHI HIGH COURT
ANU MALHOTRA
Pepsico Inc. – Appellant
Versus
Parle Agro Private Limited – Respondent
| Table of Content |
|---|
| 1. defendant seeks rectification of trademark registration. (Para 1) |
| 2. plaintiff requests consideration of their application. (Para 2 , 3) |
| 3. validity of trademark must be decided by tribunal. (Para 4) |
| 4. joint consideration of applications requested. (Para 5) |
| 5. hearing of both applications set for a future date. (Para 6 , 7) |
ORDER
(Through video conferencing)
1. Pursuant to proceedings dated 16.7.2021 on behalf of the defendant has been filed an application seeking leave to file rectification petition with an application under Section 124 of the TRADE MARKS ACT , 1999, which application under Section 124 (1)(a)(ii) of the TRADE MARKS ACT , 1999 is IA No. 9591/2021 filed on behalf of the defendants seeking to challenge the validity of the registration of the plaintiffs trademark under application No. 2499660 for the trade mark " For the Bold" and seeks the framing of an issue of the invalidity of the impugned trade mark registration at an appropriate stage.
2. On behalf of the plaintiffs' it has been urged that IA bearing No. 7170/2021 is listed for consideration today and that the Court may proceed to hear the same.
3. At the outset a submission was made on beha
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