ANSHUL VAISH , PARTNER ROHIT WRAPERS vs HARI OM AND CO. AND ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 86/2021 ANSHUL VAISH , PARTNER ROHIT WRAPERS .....Petitioner Through: Mr. Samrat S. Kang, Ms. Meenakshi Ogra, Mr. Tarun Khurana, Mr. Anubhav Gupta, Mr. Amarjeet Kumar, Ms. Chhavi Pande, Mr. Rishi Vohra, Advocates (M:9891012029) versus HARI OM AND CO. AND ANR. .....Respondents Through: Mr. Pankaj Kumar Mishra, Advocate (M:8447412683) Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 07.02.2025 MINI PUSHKARNA, J: 1. The present rectification petition has been filed seeking removal of respondent no.1’s mark ‘ ’ registered vide trademark application no. 2408221 in Class 17 (“impugned mark”) from the Register of Trade Marks. The said trademark application was filed by respondent no.1 on 09th October, 2012 for registration of the impugned mark, which mark was registered on 14th August, 2014, with the user date of 01st January, 2005. 2. The present rectification petition has been received from the Intellectual Property Appellate Board (“IPAB”) after the abolition of the IPAB upon promulgation of Tribunals Reforms (Rationalization and Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 86/2021 Page 1 of 18 By:AMAN UNIYAL Signing Date:07.02.2025 15:01:15 Conditions of Service) Ordinance, 2021, as recorded in order dated 14th January, 2022. 3. The facts as canvassed in the petition by the petitioner, are as follows: 3.1 The petitioner is a partnership firm incorporated under the Indian Partnership Act, 1932 vide Partnership Deed dated 13th April, 2000. The petitioner subsequent to its incorporation is engaged in the business of manufacturing and trading PVC pipes. 3.2 To distinguish its goods from competitors, the petitioner adopted its trademark, “ ”and its variants “Rohi