IBIBO GROUP PVT LTD. vs SATYENDRA KUMAR SINGH AND ANR

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 1st April, 2025 + C.O. (COMM.IPD-TM) 251/2022 IBIBO GROUP PVT LTD. .....Petitioner Through: Mr. Abhishek Kotnala and Mr. Kartikeya Tandon, Advocates. versus SATYENDRA KUMAR SINGH AND ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present rectification petition has been filed under Sections 47 and 57 of the Trade Marks Act, 1999 (hereinafter ‘the Act’) seeking cancellation of registration/ removal of the trade mark ‘ ’ bearing no. 3742148 in class 9 in the name of the respondent no.1 (hereinafter ‘impugned mark’) from the Register of Trade Marks. PROCEEDINGS IN THE PETITION 2. The present petition was received on transfer after the abolition of the erstwhile Intellectual Property Appellate Board (hereinafter ‘IPAB’) pursuant to the Tribunal Reforms Act, 2021. 3. Notice in the present petition was issued by the IPAB to the respondent no.1 on 18th March 2019. It was noted in the order dated 28 th February 2022 Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 251/2022 Page 1 of 9 By:AANCHAL TAGGAR Signing Date:09.04.2025 14:14:46 that previous order sheets post 18th March 2019 and certain details of the parties were not on record. 4. On 22nd July 2022, fresh court notice was issued to the respondent no.1 including through counsel. As recorded in the order dated 15 th December 2022, the respondents were duly served. 5. Despite the aforesaid, neither any appearance has been made on behalf of the respondent no.1 nor has any reply been filed to the present petition. BRIEF FACTS 6. Brief facts set up in the petition, which are relevant for adjudicating the present petition, are as under: 6.1. The petitioner, Ibibo Group Private Limited, is operati