Case brief
What is this about?
Delhi High Court (Tejas Karia, J.), 24.11.2025, C.O. (COMM.IPD-TM) 266/2025, Ram Gopal Agrawal v. Lata Bansal. Maintainability of a petition under Sections 27 and 57 of the Trade Marks Act, 1999 seeking cancellation/rectification of Trade Mark Registration Application No.2603447 (Class 14) and permanent injunction, where a similar Rectification Petition was already pending before the Registrar of Trade Marks (filed 31.07.2025) and the Registrar was not impleaded. Held: petition not maintainable, relief not grantable under Section 57; petition and CM Nos.29292-29295/2025 dismissed.
What did the court decide?
The Petition is not maintainable, as the relief sought in it cannot be granted under Section 57 of the Trade Marks Act, 1999, the Petitioner having already filed a similar Rectification Petition before the Registrar of Trade Marks on 31.07.2025 which is pending consideration.