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*IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 24.12.2025

+ C.O. (COMM.IPD-TM) 163/2024

MS. BHUPINDER MEHTA .....Petitioner

versus

SH PRADEEP BAREJA & ANR. .....Respondents

Advocates who appeared in this case

For the Petitioner : Mr. Umesh Mishra & Ms.

Yashodhara Raina, Advocates.

For the Respondents : Ms. Nidhi Raman, Mr. Mayank

Sansanwal & Mr. Om Ram,

Advocates for Respondent No. 2.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

JUDGMENT

TEJAS KARIA, J

1. The present Rectification Petition has been filed under Section 57 of

the Trade Marks Act, 1999 (“Act”) seeking rectification of the Register of

Trade Marks by cancellation / removal of the Trade Mark ‘BSM’ registered

under Trade Mark No. 5149074 in Class 11 (“Impugned Mark”) registered

in favour of Respondent No. 1.

C.O.(COMM.IPD-TM)163/2024 Page 1 of 9

Signature Not Verified

Signed By:NEELAM

SHARMA

Signing Date:24.12.2025

19:24:41

2. The notice in the present Petition was issued vide Order dated

02.09.2024 and the Respondents were given a period of four weeks to file

their respective Replies to the present Petition. On 29.11.2024, the learned

Counsel for Respondent No. 1 entered appearance and sought additional time

to file the Reply to the present Petition. Accordingly, Respondent No. 1 was

granted a further period of six weeks to file its Reply.

3. On 08.04.2025, none appeared for Respondent No. 1 and even the

Reply was not filed on behalf of Respondent No. 1. In the interest of justice,

liberty was granted to the Parties to file their respective Written Synopsis

within a period of four weeks.

4. On the next date of hearing held on 06.05.2025 none appeared for

Respondent No. 1 and neither Reply norWritten Synopsis was filed on behalf

of Respondent No. 1. Accordingly, Respondent No. 1 was directed to be

proceeded ex-parte.

5. The learned Counsel for the Petitioner made submissions on

12.11.2025 and the judgment was reserved.

SUBMISSIONSONBEHALFOFTHEPETITIONER:

6. ThelearnedCounselforthePetitionermadethefollowingsubmissions:

6.1 In the year 2014, the Petitioner through her husband and sons started

the family business of processing, marketing and selling of lighting,

lighters, lightbulbs, light reflectors, light diffusers, light projectors,

light installations, light fixtures, light shades, light bars, light fittings,

spot light, led light machines, led light bulbs, led light strips, led

underwater lights, led landscape lights, led mood lights, vehicle and

automobile lights, decorative and party lights, included in Class 11

(“Petitioner’s Products”) under the Mark, ‘BSM’.

C.O.(COMM.IPD-TM)163/2024 Page 2 of 9

Signature Not Verified

Signed By:NEELAM

SHARMA

Signing Date:24.12.2025

19:24:41

6.2 The Petitioner’s husband, Late Sh. Surinder Kumar Mehta, on

13.05.2015 applied for registration of the Device Marks,

and bearing Trade

Mark Application Nos. 2962127 and 2962126 in Classes 11 and 9

respectively. However,Application No. 2962127 for the Device Mark,

in Class 11 was abandoned and the

Application No. 2962126 for the Device Mark in

Class 9 was registered. Thereafter, the Petitioner adopted the Mark,

and filed Application No. 5202553 on

09.11.2021 claiming user of the Petitioner’s Mark since 12.04.2014

(“Petitioner’s Mark”). The status of registration of the Petitioner’s

Device Marks is as under:

C.O.(COMM.IPD-TM)163/2024 Page 3 of 9

Signature Not Verified

Signed By:NEELAM

SHARMA

Signing Date:24.12.2025

19:24:41

Trademark Applicatio Applicatio Class Status

n Number n Filing

Date and

User Date

BSM 2962127 13.05.2015 11 Abandone

User since d

12.02.2015

2962126 13.05.2015 9 Registered

User since

12.02.2015

B BSM/

BSM STAR 5202553 09.11.2021 11 Opposed

Bhupender Surinder Mehta User since

12.04.2014

6.3 The Petitioner is using the Petitioner’s Mark through her sons and has

extensively publicized the Petitioner’s Mark by exhibiting in Indian DJ

Expo 2015, palm expo 2017, palm expo 2018, palm expo 2019, palm

expo 2022, palm expo 2023, palm expo 2024. Moreover, the Petitioner

through her sons has widely promoted the Petiti