2024 Supreme(Online)(DEL) 8302
$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A.(COMM.IPD-TM) 62/2024 HEIDELBERGER DRUCKMASCHINEN AG .....Appellant Through: Mr. Jayant Kumar, Ms. Ruchi Singh and Mr. Sunit Verma, Advocates versus THE REGISTRAR OF TRADE MARKS AND ANR .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr.
Chetan Jadon, GP alongiwth Mr. Zubin Singh, Mr. Bhanwar Pal Singh and Ms. Shivangi Rajawat, Advocates for R-1 Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra and Mr. Alexander Mathai Paikaday, Advocates CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
JAYANT KUMAR
O R D E R
% 12.08.2024 I.A. 36148/2024-Exp
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
C.A.(COMM.IPD-TM) 62/2024
3. By virtue of the present appeal under Section 91 of the Trade Marks Act, 1999 and under Rule 156 of the Trade Marks Rules, 2017, the appellant seeks setting aside the impugned order dated 03.05.2024 passed by the respondent no.1 and cancel the trademark Registration No.
4483464 granted to the respondent no.2.
4. Issue notice.
5. Mr. Harish Vaidyanathan Shankar, learned counsel for the respondent no.1 accepts notice and seeks, and is granted a period of six weeks to either file a reply or written synopsis not exceeding three pages giving a chronological list of dates, events and documents, if any, alongwith duly highlighted judgments he wishes to rely upon.
6. Similarly, learned counsel for the appellant seeks and is granted a period of four weeks to file either file a rejoinder or written synopsis not exceeding three pages giving a chronological list of dates, events and documents, if any, alongwith duly highlighted judgments which he wishes to rely upon thereafter.
7. On the appellant taking requisite steps within a period of one week, issue notice to the respondent no.2 by all permissible modes, returnable on
09.12.2024 before the learned Joint Registrar.
8. Respondent no.2 shall file its reply or written synopsis not exceeding three pages giving a chronological list of dates, events and documents, if any, alongwith duly highlighted judgments he wishes to rely upon reply/ written synopsis within a period of four weeks. Rejoinder or written synopsis not exceeding three pages giving a chronological list of dates, events and documents, if any, alongwith duly highlighted judgments he wishes to rely upon reply/ written synopsis within a period of two weeks thereafter.
9. Accordingly, renotify on 23.10.2024 before the learned Joint Registrar for completion of pleadings.
SAURABH BANERJEE, J AUGUST 12, 2024/akr