IMPRESARIO ENTERTAINMENT AND HOSPITALITY PRIVATE LIMITED vs THE REGISTRAR OF TRADEMARKS

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 07.08.2025 + C.A.(COMM.IPD-TM) 89/2024 IMPRESARIO ENTERTAINMENT AND HOSPITALITY PRIVATE LIMITED .....Appellant Through: Ms. Shikha Sachdeva, Ms. Kriti Rathi & Mr. Jaskaran Singh Bindra, Advocates. versus THE REGISTRAR OF TRADEMARKS .....Respondent Through: Ms. Nidhi Raman, CGSC with Mr. Om Ram, Advocate. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J. (ORAL) 1. The present Appeal has been filed on behalf of the Appellant under Section 91 of the Trade Marks Act, 1999 (“Act”) read with Rule 156 of the Trade Marks Rules, 2017, aggrieved by the order dated 17.09.2024 (“Impugned Order”) passed by the Respondent, the Registrar of Trade Marks, Trade Marks Registry, New Delhi against the Trade Mark „ ‟ (“Subject Trade Mark”) under Trade Mark Application No. 5596291 in Class 16 (“Subject Application”). Signature Not Verified C.A.(COMM.IPD-TM) 89/2024 Page 1 of 7 Signed By:NEELAM SHARMA Signing Date:11.08.2025 17:39:41 2. The Appellant is engaged in providing restaurant services since the year 2001 including but not limited to managing and operating restaurants and coffee shops, providing expertise relating to the provision of food and drinks. The Appellant at present is already running restaurants and coffee shops, pan-India. 3. The Appellant has its first registration for the Trade Mark „Impresario‟ dating back to the year 2009 being „ ‟ under Trade Mark Application No. 1890281 in Class 43. In extension of its brand „Impresario‟, the Appellant has over the years sought registrations across various classes. The Appellant on 05.09.2022 sought to register the Subject Trade Mark, i.e., „ ‟. 4. The learned Counsel for the Appellant submitted that an Examination Report was issued by the Respondent on 05.06.2023