Allowed¶19

M/S. Pharma Synth Formulations Ltd. v. Registrar of Trademarks

Delhi HC23 Jan 2025W.C.(C)-IPD/37/2024

Case brief

AI extract

What is this about?

Trade Marks Act 1999 Section 57(4); cancellation notice; Registrar of Trade Marks; CHAIAMMRIT; application no. 4903195; Class 30; proposed to be used registration; supporting documents of user; inadvertent issuance; notice set aside; writ petition allowed; W.P.(C)-IPD 37/2024; CM 122/2024; Amit Bansal; Delhi High Court IP division.

What did the court decide?

The impugned notice dated 22 October 2024 issued under Section 57(4) of the Trade Marks Act, 1999 is set aside. ¶19

M/S. Pharma Synth Formulations Ltd. Vs Registrar of Trademarks — Delhi HC (2025) — LawSathi Research

¶1

$~27

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C)-IPD 37/2024 with CM 122/2024

¶4

M/S. PHARMA SYNTH FORMULATIONS LTD. .....Petitioner Through: Mr. Ankit Sahni and Mr. Chirag Ahluwalia, Advocates.

¶5

versus

¶6

REGISTRAR OF TRADEMARKS .....Respondent Through: Ms. Nidhi Raman, CGSC with Ms. Archana Surve, Govt. Pleader and Mr. Zubin Singh and Mr. Akash Mishra, Advocates.

¶7

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

¶8

O R D E R

¶9

% 23.01.2025

¶10

The present writ petition has been filed by the petitioner impugning the notice issued by the respondent on 22^nd October, 2024 under Section 57(4) of the Trade Marks Act, 1999 for the cancellation of the registration of the petitioner’s trade mark ‘CHAIAMMRIT’ under the application no.4903195 in Class 30.

¶11

The registration was granted to the petitioner vide registration certificate dated 3^rd August, 2024 on a ‘ proposed to be used ’ basis.

¶12

On the last date of the hearing, i.e. 28^th November, 2024, the counsel for the petitioner submitted that once a trademark is registered on a ‘ proposed to be used ’ basis, the respondent cannot demand supporting documents in respect of the user. Therefore, it was contended that the notice issued by the respondent was erroneous.

¶13

Page 1 of 2

¶14

W.P.(C)-IPD 37/2024

¶15

This is a digitally signed order.

¶16

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 27/01/2025 at 12:12:08

¶17

On the same date, notice was issued in the petition and the effect of the impugned order dated 22^nd October, 2024 was stayed. Further, the counsel for the respondent sought time to take instructions.

¶18

Counsel for the respondent has returned with instructions and submits that the order dated 22^nd October, 2024 was issued inadvertently.

¶19

In view of the aforesaid statement, the writ petition is allowed and the impugned notice dated 22^nd October, 2024 is set aside.

AMIT BANSAL, J

JANUARY 23, 2025

Page 2 of 2

W.P.(C)-IPD 37/2024

¶25

This is a digitally signed order.

¶26

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 27/01/2025 at 12:12:08

M/S. Pharma Synth Formulations Ltd. v. Registrar of Trademarks

Case brief

What is this about?

What did the court decide?

M/S. Pharma Synth Formulations Ltd. v. Registrar of Trademarks

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pstgems Private Limited Vs Mr Anurag Saxena & Ors.

Immunolight Llc Vs Controller of Patents

Cipla Health Limited Vs Glister Pharmaceuticals & Anr.

Glaxo Group Limited and Anr. Vs Elder Laboratories Limited

Neeraj Kumar Trading as M/S Ganga Traders Vs M/S Chacha Food Company & Anr.

The Indian Hotels Company Limited Vs Gaurav Roy Bhatt & Anr.