$~7 & 8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 24^thJuly, 2023

+

C.A.(COMM.IPD-TM) 1/2023 and I.A. 1530/2023, 1532/2023

ROMIL GUPTA TRADING AS SOHAN LAL

GUPTA

..... Appellant

Through:

Mr. Rajshekhar Rao, Sr. Advocate

with Mr. Sagar Chandra, Ms. Shubhie

Wahi, Ms. Ankita Seth and Mr. Amit

Singh, Advocates (M: 8825116948).

versus

REGISTRAR OF TRADE MARKS & ANR.

..... Respondents

Through:

Mr. J. Sai Deepak, Mr Vipin Wason,

Mr Avinsh Sharma and Ms Stuti

Wason,

Advocates

(M:

8010903234).

Mr. Harish Vaidyanathan Shankar,

CGSC with Mr. Srish Kumar Mishra,

Mr.

Sagar

Mehlawat

and

Mr.

Alexander

Mathai

Paikaday,

Advocates (M: 9810788606).

8

WITH

+

W.P.(C)-IPD 10/2023

LANDMARK CRAFTS PRIVATE LIMITED

..... Petitioner

Through:

Mr. J. Sai Deepak, Mr Vipin Wason,

Mr Avinsh Sharma and Ms Stuti

Wason,

Advocates

(M:

8010903234).

versus

UNION OF INDIA THROUGH ITS SECRETARY

& ANR.

..... Respondents

Through:

Mr. Rajshekhar Rao, Sr. Advocate

with Mr. Sagar Chandra, Ms. Shubhie

Digitally Signed

By:RAHUL

Signing Date:26.07.2023

14:43:12

Signature Not Verified

Wahi, Ms. Ankita Seth and Mr. Amit

Singh,

Advocates

for

R-3

(M:

8825116948).

Mr. Arjun Mahajan, SPC for UOI, R-

4 (M: 8527486543).

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1.

This hearing has been done through hybrid mode.

2.

The

present

petitions

relate

to

Appellant’s

mark

which has been rectified/cancelled by the Respondent No. 1-

Registrar of Trade Marks vide impugned order dated 15th December, 2022.

The said impugned order was stayed by this Court vide order dated 25^th

January, 2023. The said order reads as follows:

which is presently pending. Mr. Rao argues that

during the pendency of rectification proceedings,

there was no basis for the Deputy Registrar to

invoke suo moto powers under Section 57(4) of the

Act

to

cancel

Appellant's

mark.

Digitally Signed

By:RAHUL

Signing Date:26.07.2023

14:43:12

Signature Not Verified

14. For the reasons noted above, it is directed that

till the next date of hearing, the impugned order

dated 15^thDecember, 2022, shall remain stayed and

Appellant's mark under application No. 3986970 is

restored on the register”.

3.

The Writ Petition bearing no. W.P.(C)-IPD 10/2023 has been filed by

Landmark

Crafts

Private

Limited,

seeking

early

disposal

of

rectification/cancellation which has been filed under Section 57 of the Trade

Marks Act, 1999 before the Respondent No. 1- Registrar of Trademarks.

4.

After hearing some submissions, it emerges that the following four

proceedings are pending between the different parties:

i)

C.A.(COMM.IPD-TM) 1/2023 titled Romil Gupta Trading as

Sohan Lal Gupta v. Registrar of Trade Marks & Anr.

ii)

W.P.(C)-IPD 10/2023 titled Landmark Crafts Private Limited

Digitally Signed

By:RAHUL

Signing Date:26.07.2023

14:43:12

Signature Not Verified

v. Union of India Through Its Secretary & Anr.

iii)

CS (COMM) 117/2019 titled M/s Landmark Crafts Private

Limited v. M/s Sohan Lal Gupta through its Proprietor Sh. Romil

Gupta before the ld. ADJ (Commercial Court) Karkardooma Court.

iv)

Rectification Application 266607 titled Romil Gupta Trading

as M/s Sohan Lal Gupta v. Landmark Crafts Private Limited before

the Registrar of Trade Marks.

5.

A coordinate bench of this Court in Jumeirah Beach Resort LLC v.

Designarch Consultants Pvt. Ltd. (C.O (COMM-IPD-TM) 124/2022, order

dated 28^thNovember 2022) considering the issue of consolidation of

proceedings under the provisions of the Trade Marks Act, 1999 and IP

Division Rules, 2022 observed as follows:

Digitally Signed

By:RAHUL

Signing Date:26.07.2023

14:43:12

Signature Not Verified

Confusion is bound to result if the infringement

and passing off suit filed by Jumeirah against

Designarch,

and

the

rectification/removal

proceedings

instituted

by

Jumeirah

against

Designarch before the IPAB are taken up by this

Court

and

the

counter

proceedings

for

removal/rectification

instituted

by

Designarch

against Jumeirah pending before the learned

Registrar of Trademarks are allowed to c