Allowed

Mankind Pharma Limited v. Rajinder Singh Trading as Herbal Health Solutions and Anr.

Delhi HC18 Jan 2024C.O. (COMM.IPD-TM)/304/2021

Case brief

AI extract

What is this about?

Allowed a settlement application under Order XXIII Rule 3A CPC between petitioner and respondent in trademark cancellation proceedings, dismissing the main petition as withdrawn and directing withdrawal of a related rectification petition.

What did the court decide?

Application allowed and disposed of; main petition dismissed as withdrawn; directions given for withdrawal of related rectification application.

Mankind Pharma Limited Vs Rajinder Singh Trading as… — Intellectual Property | Delhi HC (2024)

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.O. (COMM.IPD-TM) 304/2021

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MANKIND PHARMA LIMITED ..... Petitioner

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Through: Ms. Saumya Bajpai, Advocate.

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versus

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RAJINDER SINGH TRADING AS HERBAL HEALTH SOLUTIONS AND ANR. ..... Respondents Through: Mr. Sanchit Bhushan, Advocate for R-1.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 18.01.2024

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[The matter has been taken up today as 17^th January, 2024 was a holiday]

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I.A. 1194/2024 (joint application under Order XXIII Rule 3A of CPC)

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This is a joint application on behalf of Petitioner and Respondent No. 1 stating that they have settled their disputes in the present petition.

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The present petition seeks rectification of Respondent’s trademark registration bearing no. 1813413 in Class 5 for the mark “HEALTH UP”. 3. During pendency of present petition, parties have amicably and mutually agreed to resolve their disputes as follows:

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(a) Respondent No. 1 agrees to withdraw cancellation petition filed against Petitioner bearing rectification number 268174 in relation to Petitioner’s trademark number 2263313.

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(b) Petitioner has agreed to withdraw the instant cancellation petition

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 04:01:41

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filed against Respondent No. 1’s trademark registration number 1813413. 4. In light of the above settlement, detailed in paragraph nos. 3 and 4 of the application, parties pray for disposal of the present petition.

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For the foregoing reasons, the application is allowed and disposed of.

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The parties shall remain bound by the terms and conditions of the settlement as recorded in the instant application.

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C.O. (COMM.IPD-TM) 304/2021

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In light of the order passed in I.A. 1194/2024, the present petition is dismissed as withdrawn.

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Respondent No. 1, as agreed, shall file the application for withdrawing their rectification application number 268174 within a period of seven days from today. As and when such an application is filed, Registrar of Trade Marks shall process the same within fifteen days thereafter.

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SANJEEV NARULA, J

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JANUARY 18, 2024 d.negi

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 04:01:41

Mankind Pharma Limited v. Rajinder Singh Trading as Herbal Health Solutions and Anr.

Case brief

What is this about?

What did the court decide?

Mankind Pharma Limited v. Rajinder Singh Trading as Herbal Health Solutions and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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