MANKIND PRIME LABS PRIVATE LIMITED vs REGISTRAR OF TRADE MARKS

* I N T H E H I G H CO U RT O F DE L H I AT NE W DE L H I Reserved on: April 08, 2025 % Pronounced on: April 16, 2025 C.A.(COMM.IPD-TM) 7/2024, I.A. 1990/2024-Stay & I.A. 1991/2024-Exp MANKIND PRIME LABS PRIVATE LIMITED .....Appellant Through: Mr. Hemant Daswani, Ms. Saumya Bajpai, Ms. Pranjal and Mr. Kunal Prakash, Advs versus REGISTRAR OF TRADE MARKS .....Respondent Through: Ms. Nidhi Raman, CGSC with Mr. Debasish Mishra, Adv CORAM: HON’BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT Preface: 1. The appellant, by the present appeal under Section 91 of the Trade Marks Act, 1999 1 read with Section 151 of the Code of Civil Procedure, 1908 and read with Section 13 of the Commercial Courts Act, 2015, seeks to assail the impugned order dated 17.10.2023 passed by the learned Examiner of Trade Marks, Trade Mark Registry, New Delhi 2, whereby its application no.4804262 for the registration of mark “CROSSRELIEF” in Class 5 of the Act has been rejected. 1 Hereinafter referred as “the Act” 2 Hereinafter referred as “impugned order” 2. The appellant is a company incorporated under the Indian Companies Act, 2013 and is a subsidiary of Mankind Pharma Limited, the fifth-largest pharmaceutical company