M/S ZINE DAVIDOFF S.A. vs UNION OF INDIA AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22nd April, 2025 W.P.(C)-IPD 57/2021 M/S ZINE DAVIDOFF S.A. .....Petitioner Through: Mr. Ranjan Narula, Mr. Shakti Priyan Nair and Mr. Parth Bajaj, Advocates. versus UNION OF INDIA AND ANR .....Respondent Through: Mr. L.B. Rai, Mr. Ayush Pandita and Mr. Satvik Rai, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present petition has been filed challenging the order dated 9th March, 2012 (hereinafter ‘impugned order’) passed by the erstwhile Intellectual Property Appellate Board (hereinafter ‘IPAB’). 2. By way of the impugned order, the IPAB allowed the rectification petition no. ORA/265/2010/TM/DEL/1994 filed by the respondent no.2 and removed the petitioner’s mark ‘DAVIDOFF’ bearing no.454875 from the Register. It was held that the impugned mark was wrongly renewed long after the statutory deadline for seeking renewal had expired. Thus, the mark was treated to have lapsed. 3. Mr. Ranjan Narula, counsel for the Petitioner, submits that the application for registration of the aforesaid mark in class 25 was filed on 30th 1993. However, the registration certificate for the said mark was o