Dismissed

Mehboob Ahmad v. the Registrar of Trademarks & Anr.

Delhi HC18 Jan 2024LPA/57/2024

Case brief

AI extract

What is this about?

The High Court dismissed an appeal against a Single Judge's order rejecting an application for clarification. The Court held the original order was unambiguous, directing immediate registration without advertisement, and found no ground to interfere.

What did the court decide?

The appeal against the rejection of an application for clarification is dismissed; the impugned order dated 22.12.2023 is upheld.

Mehboob Ahmad Vs the Registrar of Trademarks & Anr. — Intellectual Property | Delhi HC (2024)

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$~73

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 57/2024, CM APPLs. 3167/2024, 31610/2024

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MEHBOOB AHMAD ..... Appellant

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Through: Mr Sai Deepak, Mr Shravan Kumar Bansal, Mr Ajay Amitabh and Mr Aviral Srivastava, Advocates

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versus

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THE REGISTRAR OF TRADEMARKS & ANR. ..... Respondents

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Through: Mr Harish Vaidyanathan Shankar, CGSC with Mr Srish Kumar Mishra, Mr Alexander Mathai Paikaday and Mr Krishnan V., Advocates

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CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

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O R D E R % 18.01.2024

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The appellant has filed the present appeal impugning the order dated 22.12.2023 passed by the learned Single Judge, whereby the appellant’s application [I.A 26204/2023 in C.A.(COMM.IPD-TM) 20/2023] seeking clarification of the order dated 17.11.2023 was rejected.

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The appeal, C.A.(COMM.IPD-TM) 20/2023, before the learned Single Judge was preferred by respondent no. 2 assailing the order dated 12.05.2023 passed by the Senior Examiner of Trademarks, whereby its LPA 57/2024 page 1 of 3

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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 13/06/2024 at 12:17:48

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application (application no. 4136359) seeking registration of device mark

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in Class 16 for “Painting Brushes, Artistic Brushes, Roller Brushes”, was rejected.

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In terms of the order dated 17.11.2023, the learned Single Judge had allowed the appeal [C.A.(COMM.IPD-TM) 20/2023] and had permitted the respondent no. 2 [the appellant before the learned Single Judge] to file an affidavit and other material on record. The Court had directed the Registrar to consider the same and proceed to issue a certificate of registration. The said order was premised on the finding that the rejection of the respondent no. 2’s application for registration of the trademark in question, was erroneous.

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In the aforesaid backdrop, the appellant filed an application seeking clarification of the order dated 17.11.2023. It was contended on behalf of the appellant that the Registrar could not be required to issue a certificate of registration but was required to advertise the application.

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The learned Single Judge rejected this application for clarification by the impugned order dated 22.12.2023 stating that the order dated 17.11.2023 was unambiguous.

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We also find no ambiguity in the order dated 17.11.2023. Thus, we find no ground to interfere with the impugned order.

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It appears that the appellant is essentially aggrieved by the order dated 17.11.2023 and thus, was required to avail of remedies, if any, in respect of the said order.

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The present appeal is, accordingly, dismissed. Pending applications LPA 57/2024 page 2 of 3

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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 13/06/2024 at 12:17:48

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stand closed.

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We clarify that this order would not preclude the appellant from availing of remedies in respect of order dated 17.11.2023 delivered in C.A.(COMM.IPD-TM) 20/2023.

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VIBHU BAKHRU, J

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TARA VITASTA GANJU, J

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JANUARY 18, 2024 g.joshi Click here to check corrigendum, if any LPA 57/2024 page 3 of 3

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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 13/06/2024 at 12:17:48

Mehboob Ahmad v. the Registrar of Trademarks & Anr.

Case brief

What is this about?

What did the court decide?

Mehboob Ahmad v. the Registrar of Trademarks & Anr.

Case brief

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What did the court decide?

What the court decided

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