Disposed

Heidelberger Druckmaschinen Ag v. the Registrar of Trade Marks and Anr.

Delhi HC12 Nov 2024C.A.(COMM.IPD-TM)/62/2024

Case brief

AI extract

What is this about?

The appellant challenged an order dismissing its opposition to trademark applications for the mark 'HEIDELCO'. The respondent agreed to withdraw the registrations. The court disposed of the appeals and directed the respondent to withdraw/cancel the registrations within two weeks.

What did the court decide?

Direction to Respondent No.2 to take steps for withdrawal/cancellation of trademark registrations no. 4483464 and 4483463 within two weeks.

Heidelberger Druckmaschinen Ag Vs the Registrar of Trade Marks and Anr. — Delhi HC (2024) — LawSathi Research

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$~4 and 5

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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C.A.(COMM.IPD-TM) 62/2024 HEIDELBERGER DRUCKMASCHINEN AG .....Appellant Through: Mr. Jayant Kumar, Ms. Ruchi Singh and Mr. Sumit Verma, Advocates.

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versus

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THE REGISTRAR OF TRADE MARKS AND ANR .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Jubin Singh and Mr. Chetan Jadon, Advocates for R-1. Mr. Markandey Kumar Singh, Advocate for R-2

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- C.A.(COMM.IPD-TM) 63/2024 HEIDELBERGER DRUCKMASCHINEN AG

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.....Appellant

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Through: Mr. Jayant Kumar, Ms. Ruchi Singh and Mr. Sumit Verma, Advocates. versus

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THE REGISTRAR OF TRADE MARKS AND ANR .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Jubin Singh and Mr. Chetan Jadon, Advocates for R-1. Mr. Markandey Kumar Singh, Advocate for R-2.

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R 12.11.2024

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Both the aforesaid appeals have been preferred under Section 91 of the Trade Marks Act, 1999 challenging the order dated 3^rd May, 2024 passed by the Registrar of Trademarks/Respondent No.1.

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C.A.(COMM.IPD-TM) 62/2024 and connected matter

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Page 1 of 2

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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 14/11/2024 at 11:46:06

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By way of the impugned order, the oppositions filed by the Appellant to the trademark applications filed on behalf of Respondent No.2 in respect

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of the Mark (HEIDELCO) in Classes 10 and 44 respectively have been dismissed. Consequently, the trademark applications have been granted registration.

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On the last date of hearing before the learned Joint Registrar i.e. , 23^rd October, 2024, counsel appeared for Respondent No.2 and stated that the Respondent No.2 does not wish to contest the present appeals.

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Today, once again, Mr Markandey Kumar Singh, counsel appearing for Respondent No.2 submits that he has instructions from Respondent No.2 not to contest the present appeals.

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Mr Singh further submits that Respondent No.2 is agreeable to file applications for cancellation/withdrawal of the trademark registrations in respect of the aforesaid mark granted in its favour.

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The aforesaid statement is taken on record.

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In view of the aforesaid statement made by the counsel for Respondent No.2, Mr. Jayant Kumar, learned counsel appearing for the Appellant does not wish to press the present appeals.

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Accordingly, both the appeals are disposed of while directing that the Respondent No.2 shall take steps for withdrawal/cancellation of the subject trademark registration no.4483464 and trademarks registration no.4483463 within two (2) weeks from today.

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AMIT BANSAL, J

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NOVEMBER 12, 2024

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Vivek/-

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C.A.(COMM.IPD-TM) 62/2024 and connected matter

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Page 2 of 2

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Heidelberger Druckmaschinen Ag v. the Registrar of Trade Marks and Anr.

Case brief

What is this about?

What did the court decide?

Heidelberger Druckmaschinen Ag v. the Registrar of Trade Marks 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

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