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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 13^thMay, 2022

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C.A. (COMM.IPD-TM) 101/2021

JAGRAN PRAKASHAN LIMITED

..... Appellant

Through:

Ms. Poonam Atey, Advocate

versus

THE REGISTRAR OF TRADE MARKS, DELHI..... Respondent

Through:

Mr. Harish Vaidyanathan Shankar,

CGSC with Ms. S. Bushra Kazim,

Mr. Srish Kumar Mishra and Mr.

Sagar Mehlawat, Advocates.

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J.(Oral)

1.

This hearing has been done through hybrid mode.

2.

The present appeal has been filed challenging the impugned order

dated 29^thMarch, 2016 passed by the Respondent - Registrar of Trade

Marks by which the Trademark Application No.2380329 of the Appellant

for the mark ‘

’ (JAGRAN) in Class 12, was abandoned on the ground

of non-prosecution due to non-filing of the reply to the examination report.

3.

The said Trademark Application for the mark ‘JAGRAN’ along with

the device was filed in class 12 on ‘proposed to be used’ basis by the

Appellant - Jagran Prakashan Limited on 16^thMarch, 2012. The goods in

respect of which the said application was filed were `Vehicles, apparatus for

locomotion by land, air and water’. The said application was examined and

the