RAJ VARDHAN PATODIA (HUF) vs REGISTRAR OF TRADE MARKS & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st April, 2025 C.A.(COMM.IPD-TM) 10/2024 & I.A. 3372/2024 RAJ VARDHAN PATODIA (HUF) .....Appellant Through: Mr. C. M. Lall, Senior Advocate with Mr. Kunal Mimani, Mr. Prashant Alai & Ms. Annaya Mehan, Advocates. versus REGISTRAR OF TRADE MARKS & ANR. .....Respondents Through: Mr. Sumit Nagpal, SPC with Ms. Aastha Sood, Advocate for R-1. Mr. Manish Singhal & Mr. Lakshay Mangla, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present appeal has been filed under Section 91 of the Trade Marks Act, 1999 (hereinafter ‘Act’) challenging the order dated 3 rd November 2023 passed by the respondent no.1 (hereinafter ‘impugned order’) in opposition no. 1032119 (hereinafter ‘subject opposition’) filed by the appellant against the trade mark application bearing no. 3328759 (hereinafter ‘subject application’) filed by the respondent no.2. 2. Brief facts, as stated by the appellant, leading up to the present appeal are as follows: 2.1. The respondent no.2, on 4th August 2016, filed the subject application and the same was advertised in the Trade Marks Journal no. 1924 dated 21st 2019. 2.2. The appe