M/S. MODERN SNACKS PRIVATE LIMITED vs KAMRAN GHANI AND ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 76/2021 M/S. MODERN SNACKS PRIVATE LIMITED .....Petitioner Through: Mr. Ajay Amitabh Suman, Mr. Shravan Kumar Bansal, Mr. Rishi Bansal, Mr. Deepak Srivastava, Mr. Risabh Gupta, Ms. Shruti Manchanda and Ms. Deesha, Adv. M: 99903895539 Email: [email protected] versus KAMRAN GHANI AND ANR. .....Respondents Through: Mr. Rohan Jaitley, CGSC with Mr. Dev Pratap Shahi and Mr. Varun Pratap Singh, Advs. for R-2 M: 8587967565 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 25.04.2025 MINI PUSHKARNA, J: 1. The present petition has been filed seeking rectification of the Register of Trade Marks by cancellation/removal of the trademark registered in favour of the respondent no. 1, i.e., ‘MARDEM’ (“impugned mark”), bearing registration no. 3739205 dated 22nd July, 2018 in Class 30, on account of being deceptively and identically similar to petitioner’s mark, i.e., ‘MODERN’ in a similar Class, i.e., Class 30. Signature Not Verified Digitally Signed By:AMAN UNIYAL C.O. (COMM.IPD-TM) 76/2021 Page 1 of 20 Signing Date:26.04.2025 10:58:15 2. The present petition has been transferred from the Intellectual Property Appellate Board (“IPAB”), consequent to its abolition and upon promulgation of the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021. 3. The facts, as canvassed by the petitioner, in the petition are as follows: 3.1. The petitioner, ‘M/s. Modern Snacks Private Limited’, is a private company incorporated on 07th November, 2005 under the provisions of The Companies Act, 1956 (now, The Companies Act, 2013). The petitioner is engaged in the business of manufacturing and marketing a wide range of goods, including namkeens, snacks, confectionary, a