Back
DELHI HIGH COURT
ASHA MENON
Resilient Innovations Pvt. Ltd. – Appellant
Versus
Phonepe Private Limited – Respondent
| Table of Content |
|---|
| 1. trademark rectification petitions filed. (Para 1) |
| 2. arguments on maintainability of petitions. (Para 2 , 3) |
| 3. court observations on validity challenges. (Para 4 , 5 , 6) |
| 4. petitions dismissed; judgment uploaded. (Para 7 , 8) |
JUDGMENT
Asha Menon, J. (Oral)
C.O. (COMM.IPD-TM) 40/2021, I.A.14647/2021
C.O. (COMM.IPD-TM) 41/2021, I.A.14648/2021
C.O. (COMM.IPD-TM) 42/2021, I.A.14649/2021
C.O. (COMM.IPD-TM) 43/2021, I.A.14650/2021
C.O. (COMM.IPD-TM) 44/2021, I.A.14651/2021
C.O. (COMM.IPD-TM) 45/2021, I.A.14652/2021
(HYBRID HEARING)
1. These petitions have been moved for the removal/rectification of trademark Registration Nos.3425319, 3425322, 3425323, 3425317, 3425326 and 3425325 respectively in Classes 36, 9, 35 and 42 from the Register of Trade Marks under Section 57 of the TRADE MARKS ACT , 1999.
2. Mr. Sandeep Sethi, learned senior counsel appearing on advance notice on behalf of the respondent No.1/Phonepe Private Limited has raised a preliminary objection to the maintainability of the present petitions. It is his submission that a prior suit being CS(COMM) 292/2019 is pending between the same parties, in which, in terms of the provisions of Section 124 of the Tr
Trademark rectification petitions cannot be filed while a related civil suit is pending without permission, as held in the Supreme Court decision on jurisdiction over trademark validity.
Point of Law : Sections 46 and 56 provide an independent statutory right to an aggrieved party to seek rectification of a trade mark. However, in the event the civil court is approached, inter alia, ....
In a case where issue of invalidity is raised or arises independent of a suit, prescribed statutory authority will be sole authority to deal with matter.
The court emphasized that the validity of a trademark must be resolved by the Tribunal, and interim relief can be considered despite the challenge pending resolution of validity.
The jurisdiction to exercise rectification of a mark is subject to the finding of the Civil Court as regards the prima facie tenability of the plea of invalidity, as a statutory safeguard to prevent ....
A trademark rectification petition is not maintainable if the validity is contested in a prior ongoing suit, as per the Trade Marks Act, 1999.
Timely filing of rectification petitions under the Trademarks Act is mandatory; failure to comply without extension results in abandonment of the validity issue.
The validity of registration of the trademark should be decided first in the rectification petition before the infringement action is decided, and the procedure can be tailored to meet the specific r....
The court ruled that a suit not questioning trademark validity and filed solely for injunction does not invoke stay under Section 124 of the Trade Marks Act, 1999, emphasizing mandatory issue framing....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
