GANRAJ ENTERPRISES vs LAND MARK CRAFTS PVT. LTD & ANR.

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 01st September 2025 Date of Decision: 02nd December 2025 + C.A.(COMM.IPD-TM) 164/2022 & CRL.M.A. 10597/2024, I.A. 22465/2022, I.A. 7890/2025 GANRAJ ENTERPRISES .....Appellant Through: Mr. Ujjwal Bhardwaj, Advocate versus LAND MARK CRAFTS LTD & ANR. .....Respondents Through: Mr. J. Sai Deepak, Sr. Advocate with Ms. Stuti Wason, Mr. Vipin Wason and Mr. Avinash Sharma, Advocates along with Mr. Sanjay Kr. Pandita, AR for R-1 Ms. Arunima Dwivedi, CGSC with Ms. Himanshi Singh, Mr. Sainyam Bhardwaj and Ms. Monalisha Pradhan, Advocates % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J: 1. The present appeal under Section 91 of the Trademarks Act, 1999 [‘Trademarks Act’] read with Rule 156 of the Trade Marks Rules, 2017, has been filed by Ganraj Enterprises i.e., the Appellant herein challenging the order dated 10.11.2022 [‘impugned order’] passed by the Registrar of Trade Marks, Delhi i.e., Respondent No. 2 herein. By the said impugned order, Signature Not Verified C.A.(COMM.IPD-TM) 164/2022 Signed By:MAHIMA Page 1 of 18 SHARMA Signing Date:02.12.2025 18:33:53 Respondent No. 2 had rejected the Application No. 266969, filed by the Appellant seeking rectification of Respondent No. 1’s TM No. 1566805 for its wordmark ‘HP’. Factual Matrix of the present case 2. The facts, as set out in the pleadings, which are relevant for the adjudication of the captioned matter are as under: - 2.1. The mark ‘HP’ was coined and adopted by Mr. Pankaj Lidoo, Director of Respondent No. 1 on 15.12.1995 and since, then it has been in continuous use across India. Mr. Pankaj Lidoo was doing business in the goods viz. self-drilling/driving screws and blind rivets through a sole proprietorship in the nam