Pankaj Kumar Sharma & Anr. Vs Bonika Healthcare & Anr. — Delhi HC (2025) — LawSathi Research

Pankaj Kumar Sharma & Anr. Vs Bonika Healthcare & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent No. 2 directed to rectify / cancel / expunge the registration of Mark 'ETORELAX' (Registration No. 6117185, Class 5) issued in favour of Respondent No. 1 from the Register of Trade Marks, pursuant to Respondent No. 1's no-objection; Petition and pending Application (I.A. 16102/2025) disposed of accordingly.

Issue for consideration

Whether the registration of the mark 'ETORELAX' (Registration No. 6117185, Class 5) held in favour of Respondent No. 1 should be cancelled / rectified / expunged from the Register of Trade Marks under Section 57 of the Trade Marks Act, 1999.

Court's answer

Learned counsel for Respondent No. 1, on instructions, submitted that Respondent No. 1 had no objection to the Petition being allowed and to the Mark 'ETORELAX' (Registration No. 6117185, Class 5) registered in its favour being cancelled / rectified / expunged from the Register of Trade Marks.

Ratio / Principle

Respondent No. 1 further stated it had no objection to registration of the mark 'ETORELAX' in favour of the Petitioners and would not oppose such registration if applied for; the Court took Respondent No. 1's statement through counsel on record and held Respondent No. 1 bound by it.

Key takeaways

On the basis of Respondent No. 1's consent, the Court directed Respondent No. 2 to rectify / cancel / expunge the registration of the Mark 'ETORELAX' (Registration No. 6117185, Class 5) issued in favour of Respondent No. 1 from the Register of Trade Marks.ratio¶11
The Petition and the pending Application were disposed of with the aforesaid directions.ratio¶12

Detailed headnote1 paragraphs

Trade Marks Act, 1999 – S. 57 – Cancellation/rectification of registered mark 'ETORELAX' (Regn. No. 6117185, Class 5) standing in the name of Respondent No. 1 – Consensual disposal: learned counsel for Respondent No. 1, on instructions, stated that Respondent No. 1 had no objection to the Petition being allowed and the registration being cancelled / rectified / expunged from the Register of Trade Marks, and further no objection to the mark being registered in favour of the Petitioners if they applied – Statement taken on record, Respondent No. 1 bound thereby – Respondent No. 2 directed to rectify / cancel / expunge the registration from the Register of Trade Marks – Petition and pending I.A. disposed of. (Delhi High Court, Tejas Karia J., 07.11.2025)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- C.O. (COMM.IPD-TM) 158/2025 & I.A. 16102/2025 PANKAJ KUMAR SHARMA & ANR. .....Petitioners Through: Mr. Eleen Garg, Advocate.

Versus

BONIKA HEALTHCARE & ANR. .....Respondents Through: Mr. Yash Agarwal, Mr. Ankit Sagar, Mr. Shahin, Mr. Ashish & Ms. Mansi Sharma, Advocates for R-1. Mr. Gaurav Barathi, Ms. Amita Singh & Ms. Rasya Rawal, Advocates for R-2.

CORAM: HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 07.11.2025

The Petitioners have filed the present Petition under Section 57 of the Trade Marks Act, 1999 for cancellation of the Mark ‘ETORELAX’ bearing Registration No. 6117185 in Class 5.

The learned Counsel for Respondent No. 1, on instructions, submits that Respondent No. 1 does not have any objection if the present Petition is allowed and the Mark ‘ETORELAX’ bearing Registration No. 6117185 in Class 5 registered in favour of Respondent No. 1 is cancelled / rectified / expunged from the Register of Trade Marks. It is further submitted on behalf of Respondent No. 1 that Respondent No. 1 has no objection with regard to the registration of the Mark ‘ETORELAX’ in favour of the Petitioners and that Respondent No. 1 shall not object to the registration of the same in favour of the Petitioners, if applied by the Petitioners. The said statement of Respondent No. 1, through Counsel, is taken on record and Respondent No. 1 is bound by the same.

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 11/11/2025 at 14:35:59

In view of the same, Respondent No. 2 is directed to rectify / cancel / expunge the registration of the Mark ‘ETORELAX’ bearing Registration No. 6117185 in Class 5 issued in favour of Respondent No. 1 from the Register of Trade Marks.

Accordingly, the present Petition and the pending Application are disposed of with the aforesaid directions.

TEJAS KARIA, J

NOVEMBER 7, 2025 ‘gsr’

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 11/11/2025 at 14:35:59