Remanded

Sri Sai Baba Super Spirituality Hospital Trust v. the Registrar of Trade Marks

Delhi HC2 Apr 2025C.A.(COMM.IPD-TM)/63/2022

Case brief

AI extract

What is this about?

The Delhi High Court, in consolidated appeals, remanded trademark applications before the Registrar of Trade Marks for fresh consideration after finding the Notification relied upon by the Registrar was untraceable.

What did the court decide?

Trademark applications in the petitions are remanded for fresh consideration on merits before the Registrar within six weeks.

Sri Sai Baba Super Spirituality Hospital Trust Vs the… — Intellectual Property | Delhi HC (2025)

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$~2 to 7

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IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A.(COMM.IPD-TM) 63/2022

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SRI SAI BABA SUPER SPIRITUALITY HOSPITAL TRUST .....Appellant Through: Mr. Mahesh B. Chhibber, Adv.

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versus

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THE REGISTRAR OF TRADE MARKS .....Respondent Through: Mr. Shashank Dixit, CGSC with Mr. Rohit Gupta, Advs.

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3 C.A.(COMM.IPD-TM) 108/2022

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SRI SAI BABA SUPER SPIRITUALITY HOSPITAL TRUST

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.....Appellant Through: Mr. Mahesh B. Chhibber, Adv.

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versus

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THE REGISTRAR OF TRADE MARKS .....Respondent Through: Mr. Piyush Beniwal, Mr. Nikhil Kumar Chaubey and Ms. Jyotsha Vyas, Advs.

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C.A.(COMM.IPD-TM) 121/2022 SRI SAI BABA SUPER SPIRITUALITY HOSPITAL TRUST

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.....Appellant Through: Mr. Mahesh B. Chhibber, Adv.

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versus

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THE REGISTRAR OF TRADE MARKS .....Respondent Through: Mr. Piyush Beniwal, Mr. Nikhil

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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 04/04/2025 at 13:53:10

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Kumar Chaubey and Ms. Jyotsha Vyas, Advs.

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C.A.(COMM.IPD-TM) 66/2022

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SRI SAI BABA SUPER SPIRITUALITY HOSPITAL TRUST, GUMANIWALA, SHYAMPUR BYE PAS, RISHIKESH, DEHRADUN, UTTARAKHAND .....Appellant Through: Mr. Mahesh B. Chhibber, Adv.

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versus

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REGISTRAR OF TRADE MARKS, BOUDHIK SAMPADA BHAVAN, PLOT NO. 32, SECSTOR-14, DWARKA, NEW DELHI

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.....Respondent

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Through: Mr. Shashank Dixit, CGSC with Mr. Rohit Gupta, Advs.

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C.A.(COMM.IPD-TM) 71/2022 SRI SAI BABA SUPER SPIRITUALITY HOSPITAL TRUST .....Appellant Through: Mr. Mahesh B. Chhibber, Adv.

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versus

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THE REGISTRAR OF TRADEMARKS .....Respondent Through: Mr. Shashank Dixit, CGSC with Mr. Rohit Gupta, Advs.

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7 C.A.(COMM.IPD-TM) 82/2022 SRI SAI BABA SUPER SPIRITUALITY HOSPITAL TRUST

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.....Appellant Through: Mr. Mahesh B. Chhibber, Adv.

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versus

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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 04/04/2025 at 13:53:10

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THE REGISTRAR OF TRADE MARKS .....Respondent Through: Mr. Piyush Beniwal, Mr. Nikhil Kumar Chaubey and Ms. Jyotsha Vyas, Advs.

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R

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% 02.04.2025

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Learned counsel for the respondent in the above matters submit that the alleged Notification is not traceable. Moreover, since the alleged Notification which provides for the list of prohibited marks pertains to the year 1955, the same being not traceable, the respondent is not in a position to comply with the directions issued by this Court vide order dated 20.03.2024. As such, he is also unable to file an affidavit qua it in terms of the aforesaid order as well.

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In view of the aforesaid position, learned counsel for the respondent further submit that considering the aforesaid, it would be in the interest of justice if the trademark applications involved in each of the petitions are remanded for fresh consideration on merits before the Registrar of Trade Marks i.e. the respondent.

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In the considered opinion of this Court also, since the very existence of the alleged Notification on which the earlier order(s) passed by the respondent are premised is under cloud and the same has neither been produced nor detailed despite repeated opportunities granted to the said respondent, it would be in the interest of justice if the trademark applications

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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 04/04/2025 at 13:53:10

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involved in each of the petitions herein are remanded for fresh consideration on merits before the respondent.

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Therefore, the trademark applications involved in each of the petitions herein are remanded for fresh consideration on merits before the respondent, who, after giving appropriate hearing(s) to the petitioner and/ or its authorized representative(s)/ Agent(s)/ counsel(s) shall decide them within a period of six weeks from the receipt thereof.

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List before the Registrar of Trade Marks on 15.04.2025.

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Accordingly, all the appeals stand disposed of with the aforesaid directions.

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A copy of this order be kept in the connected matters.

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SAURABH BANERJEE, J.

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APRIL 2, 2025/ bh

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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 04/04/2025 at 13:53:10

Sri Sai Baba Super Spirituality Hospital Trust v. the Registrar of Trade Marks

Case brief

What is this about?

What did the court decide?

Sri Sai Baba Super Spirituality Hospital Trust v. the Registrar of Trade Marks

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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