Hindustan Syringes and Medical Devices Ltd. Vs Unomedical a/S & Anr. — Delhi HC (2025) — LawSathi Research

Hindustan Syringes and Medical Devices Ltd. Vs Unomedical a/S & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal C.A.(COMM.IPD-TM) 148/2021 allowed on respondent no. 1's no-objection statement (expressly without prejudice and no admission of infringement); impugned Registrar's order dated 26.10.2019 dismissing opposition no. 712863 set aside; rectification petition C.O. (COMM.IPD-TM) 246/2024 allowed with consent of parties; registration no. 1208095 (mark UNOMEDICAL, Class 10, 20.06.2003) cancelled; Registrar of Trademarks directed to effect rectification and issue notification; both matters disposed of along with pending applications.

Issue for consideration

Whether the appeal against the Registrar of Trademarks' dismissal (order dated 26.10.2019) of the appellant's opposition no. 712863 should be allowed. +1 more

Court's answer

Considering the statement made before this Court (respondent no. 1 having no objection to the appeal being allowed), the present appeal is allowed.

Ratio / Principle

The impugned order dated 26.10.2019 passed by respondent no. 2 (Registrar of Trademarks) in the matter of opposition no. 712863 is set aside.

Key takeaways

Respondent no. 1's no-objection statement is expressly qualified: it is made without prejudice to the rights and contentions of the respondents subsisting in other parts of the world, and shall not be taken as any admission of infringement by respondent no. 1 or of the rights of the appellant/petitioner in any manner whatsoever.obiter¶25
With the consent of the parties (counsel for respondent no. 1 having no objection once the appeal is allowed), the rectification petition C.O. (COMM.IPD-TM) 246/2024 is allowed.ratio¶33
As a consequence of the appeal being allowed, the registration granted in favour of respondent no. 1 vide application no. 1208095 in Class 10 on 20.06.2003 shall stand cancelled.

Detailed headnote1 paragraphs

High Court of Delhi (Mini Pushkarna, J.), order dated 05.03.2025. The appeal C.A.(COMM.IPD-TM) 148/2021 by Hindustan Syringes and Medical Devices Ltd against the Registrar of Trademarks' order dated 26.10.2019 dismissing its opposition no. 712863 (filed 26.11.2007) to Unomedical A/S's trade mark application no. 1208094 in Class 5 for the mark UNOMEDICAL was allowed solely on respondent no. 1's counsel stating no objection, expressly without prejudice to the respondents' rights elsewhere and recorded as no admission of infringement or of the appellant/petitioner's rights. The impugned order was set aside. On the same consent basis, the rectification petition C.O. (COMM.IPD-TM) 246/2024 seeking removal of respondent no. 1's registered mark UNOMEDICAL (application no. 1208095, Class 10, registered 20.06.2003) was allowed; the registration stood cancelled and the Registrar of Trademarks was directed to carry out the requisite rectification and issue a notification. Both matters were disposed of with pending applications. No statute or precedent is cited; no monetary quantum arises.

$~1 & 2

IN THE HIGH COURT OF DELHI AT NEW DELHI

- C.A.(COMM.IPD-TM) 148/2021 & I.A. No. 7043/2024

HINDUSTAN SYRINGES AND MEDICAL DEVICE AND

LTD.. .....Appellant

Through: Mr. S.K. Bansal with Mr. Rishabh Gupta, Advocates. (M): 9711447472 Email: [email protected]

versus

UNOMEDICAL A/S AND ANR .....Respondents

Through: Mr. Amol Dixit, Advocate for respondent no. 1. Ms. Nidhi Raman, CGSC with Mr. Debasish Mishra and Mr. Zubin Singh, Advocates for respondent/Registrar of Trademarks. (M): 9560356775 Email: [email protected]

- C.O. (COMM.IPD-TM) 246/2024 & I.A. No. 46554/2024

HINDUSTAN SYRINGES AND MEDICAL DEVICES

LTD .....Petitioner

Through: Mr. S.K. Bansal with Mr. Rishabh Gupta, Advocates. (M): 9711447472 Email: [email protected]

versus

Page 1 of 4

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 11/03/2025 at 11:57:57

.....Respondents

UNOMEDICAL A/S & ANR.

Through: Mr. Amol Dixit, Advocate for respondent no. 1. Ms. Nidhi Raman, CGSC with Mr. Debasish Mishra and Mr. Zubin Singh, Advocates for respondent/Registrar of Trademarks. (M): 9560356775 Email: [email protected]

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 05.03.2025

The present appeal has been filed against the order dated 26th October, 2019, passed by the learned Registrar of Trademarks, dismissing the opposition no. 712863 dated 26^th November, 2007, filed by the appellant against application no. 1208094 in Class 5 of respondent no. 1, for registration of the impugned mark, UNOMEDICAL.

Learned counsel appearing for the respondent no. 1 submits that he has no objection, if the appeal is allowed. He further submits that the said statement is being made without prejudice to the rights and contentions of the respondents, subsisting in other parts of the world.

This Court further takes note of the submission of respondent no. 1 that the statement made before this Court today, shall not be taken as any admission of infringement by respondent no. 1, with respect to any admission of the rights of the appellant/petitioner, in any manner whatsoever.

Page 2 of 4

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 11/03/2025 at 11:57:57

Considering the statement made before this Court, the present appeal is allowed.

Accordingly, the impugned order dated 26^th October, 2019 passed by the respondent no. 2 in the matter of opposition no. 712863 dated 26^th November, 2007 filed by the appellant, is hereby set aside.

Considering the fact that the present appeal is being allowed, learned counsel appearing for the respondent no. 1 i.e. UNOMEDICAL A/S, submits that he has no objection, if the rectification petition is also allowed. 7. C.O. (COMM.IPD-TM) 246/2024 , has been filed seeking removal of

the trademark of the respondent no. 1 i.e. UNOMEDICAL registered under 1208095, in Class 10 on 20^th June, 2003.

Consequently, since the present appeal is being allowed, the registration granted in favour of respondent no. 1 vide application no. 1208095, in Class 10 on 20th June, 2003, shall stand cancelled.

Accordingly, with the consent of the parties, the rectification petition is allowed.

The trademark i.e., UNOMEDICAL registered under 1208095 in Class 10 in favour of respondent no. 1, is hereby cancelled. 11. The respondent no. 2, i.e., the Registrar of Trademarks, is directed to carry out the requisite rectification and issue a notification with regard, thereto.

The Registry is directed to supply a copy of the present order to the Office of the Controller General of Patents, Designs and Trade Marks of India, on E-mail Id: [email protected], for compliance.

Page 3 of 4

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 11/03/2025 at 11:57:57

In view of the aforesaid, the present appeal, as well as the rectification petition, stand disposed of, along with the pending applications.

MINI PUSHKARNA, J

MARCH 5, 2025

c

Page 4 of 4

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 11/03/2025 at 11:57:57