$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 01^st September 2025 Date of Decision: 02^nd December 2025 + C.A.(COMM.IPD-TM) 164/2022 & CRL.M.A. 10597/2024, I.A.

22465/2022, I.A. 7890/2025 GANRAJ ENTERPRISES .....Appellant Through: Mr. Ujjwal Bhardwaj, Advocate versus LAND MARK CRAFTS LTD & ANR. .....Respondents Through: Mr. J. Sai Deepak, Sr. Advocate with Ms. Stuti Wason, Mr. Vipin Wason and Mr. Avinash Sharma, Advocates along with Mr. Sanjay Kr. Pandita, AR for R-1 Ms. Arunima Dwivedi, CGSC with Ms. Himanshi Singh, Mr. Sainyam Bhardwaj and Ms. Monalisha Pradhan, Advocates %

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J:

1. The present appeal under Section 91 of the Trademarks Act, 1999 [‘Trademarks Act’] read with Rule 156 of the Trade Marks Rules, 2017, has been filed by Ganraj Enterprises i.e., the Appellant herein challenging the order dated 10.11.2022 [‘impugned order’] passed by the Registrar of Trade Marks, Delhi i.e., Respondent No. 2 herein. By the said impugned order, Respondent No. 2 had rejected the Application No. 266969, filed by the Appellant seeking rectification of Respondent No. 1’s TM No. 1566805 for its wordmark ‘HP’.

Factual Matrix of the present case

2. The facts, as set out in the pleadings, which are relevant for the adjudication of the captioned matter are as under: -

2.1. The mark ‘HP’ was coined and adopted by Mr. Pankaj Lidoo, Director of Respondent No. 1 on 15.12.1995 and since, then it has been in continuous use across India. Mr. Pankaj Lidoo was doing business in the goods viz. self-drilling/driving screws and blind rivets through a sole proprietorship in the name and style of M/s Landmark Engineers.

2.2. Mr. Pankaj Lidoo on 08.07.2002, incorporated a company i.e., M/s Landmark Fasteners Pvt. Ltd. and as a result, the firm M/s Landmark Engineers became M/s Landmark Fasteners Pvt. Ltd.

2.3. M/s Landmark Fasteners Pvt. Ltd. carried on business in the goods of self-drilling, screws and blind rivets and filed a Trademark Application bearing TM No. 1566805 for the wordmark ‘HP’ in Class 6 on 08.06.2007, claiming a user date of 15.12.1995. The said application was accepted and advertised on 01.04.2010 and subsequently got registered vide certificate no. 9211164 dated 02.02.2011. However, the said registration was granted with a condition, which reads as ‘restricting the sale of goods in the State of UP only’.

2.4. On 24.11.2014, M/s Landmark Fasteners Pvt. Ltd. filed another Trademark Application bearing TM No. 2848372 for the identical wordmark ‘HP’ for the same goods, in the same Class 6, claiming user date of 15.12.1995. The said application was accepted and advertised on 02.10.2017 and subsequently got registered vide certificate no.1787335 dated 21.02.2018. In this registration; however, there was no restriction of territoriality, as it was in the case of TM No. 1566805.

2.5. M/s Landmark Fasteners Pvt. Ltd. by virtue of assignment deed(s) dated 05.08.2013 and 29.04.2019 assigned, both the trademarks [being TM No. 1566805 and TM No. 2848372] in favour of M/s Landmark Crafts Pvt.

Ltd./Respondent No. 1¹ The said assignment deeds were filed with the Registrar of Trade Mark/Respondent No. 2 and Respondent No. 1 was brought on record as the subsequent registered proprietor of TM No. 1566805 on 12.12.2017 and for TM No. 2848372 on 11.12.2019.

2.6. It is stated that the Appellant² herein between 23.12.2014 to 30.12.2015 filed four [4] Trademark Applications [bearing TM nos. 2867961, 2939701, 3004252 and 3142368] for registration of its logo mark ‘HP+/ ’ and other HP+ device marks in Class 6 for identical goods namely self-driving screws; claiming user date of 10.12.2014 in the first

three [3] applications and user date of 10.12.2015 in the fourth application.

The Trade Mark Registry issued an examination report dated

01.06.2016 in respect of Appellant’s TM No. 2867961 citing both registrations of Respondent No. 1 i.e., TM No. 1566805 and TM No.

2848372.

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