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2026 Supreme(Online)(Del) 10675

IN THE HIGH COURT OF DELHI AT NEW DELHI
FRESENIUS KABI IPSUM SRL VS. THE ASST CONTROLLER OF PATENT AND DESIGNS & ANR.


O R D E R

% 22.04.2026

1. This appeal is filed on behalf of the Appellant under Section 91 of Trade Marks Act, 1999 (‘1999 Act’) and Rule 156 of The Trade Marks Rules, 2017 (‘2017 Rules’) laying a challenge to impugned order dated 21.01.2026 passed by the Respondent, whereby Respondent has refused to register the applied trademark ‘AROMA SPHERE’ in Class 35 with respect to ‘retail, wholesale and marketing of scented oils, reed diffusers, fragrance refills for reed diffusers, fragrances for automobiles, scented room sprays and electric fragrance diffusers’.

2. Issue notice.

3. Mr. Vikram Singh Dalal, learned SPC accepts notice on behalf of the Respondent.

4. To the extent necessary, the facts are that Appellant conceived and adopted the trademark AROMA SPHERE in 2022 and registered the domain name <aromasphere.co> on 15.02.2023 as also created social media accounts and launched her website www.aromasphere.co on 31.03.2023. On 28.07.2023, Appellant filed application bearing No. 6042820 for registration of mark AROMA SPHERE in Class 35 with user claim since 31.03.2023. Examination Report was issued by the Respondent on 02.11.2023 raising objections under Section 9(1)(a) and Section 11

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