Rectification petition seeking removal of respondent's registered mark RIVER VALLEY in Class 36. Respondent did not appear and was proceeded ex parte. Petitioner agreed to a disclaimer instead of removal. Court appended a disclaimer that no exclusivity be claimed in the word River Valley and disposed of the petition.
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DLF LIMITED .....Petitioner
Through: Ms. Meghna Mishra, Ms. Shriya Misra, Mr. Tarun Sharma and Ms. Yashodhama Gupta, Advs.
versus
BACHAN PROPERTIES PVT. LTD. AND ANR. ..... Respondents Through:
CORAM: HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R % 21.05.2024
“RIVER VALLEY” registered in favour of respondent in Class 36 by No.1307230, applied for on 06th September, 2004, use claimed since 1969, granted on 20th January, 2006.
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 27/05/2024 at 12:33:04
, by application dated 23rd November, 2009 in Class 35, 36 and 37. It is stated that the said project was not completed due to certain administrative issues.
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 27/05/2024 at 12:33:04
that they would have no objection, if a disclaimer is appended to the registration of the respondent’s mark, in that, there shall be no exclusive right to the word “RIVER VALLEY”, which is descriptive in its essence. 10. This submission finds favour with this Court, particularly since on a perusal of the record, as well as, the counter statement filed by the respondent, it seems they were carrying on business in the “RIVER VALLEY” based in Ludhiana in various projects and businesses.
ANISH DAYAL, J
MAY 21, 2024/MK/ igtk
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 27/05/2024 at 12:33:04
1 issue framed by the court
Whether the registration of the mark RIVER VALLEY in Class 36 should be rectified with a disclaimer denying exclusive rights to the descriptive word.
1 provisions across 1 enactments
DLF Limited
Bachan Properties Pvt. Ltd.
Respondent No. 2
Anish Dayal
As recorded by the court registry
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