MANKIND PHARMA vs LEMFORD BIOTECH PVT LTD. AND THE REGISTRAR OF TRADE MARKS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18th February, 2025 + C.O. (COMM.IPD-TM) 350/2022 MANKIND PHARMA .....Petitioner Through: Mr. Hemant Daswani, Ms. Pranjal & Ms. Saumya Bajpai, Advocates. versus LEMFORD BIOTECH PVT LTD. AND THE REGISTRAR OF TRADE MARKS .....Respondents Through: Dr. B. Ramaswamy, CGSC. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present rectification petition has been filed under Section 57 of the Trade Marks Act, 1999 (hereinafter, ‘the Act’) seeking removal of the trademark ‘LENOKIND’ bearing trademark registration no.4225327 in class 5, from the Register of Trade Marks. PROCEEDINGS IN THE PETITION 2. The present petition was received on transfer after the abolition of the Intellectual Property Appellate Board (IPAB) pursuant to the Tribunal Reforms Act, 2021. Since previous order sheets were not available with the counsel for the petitioner, the Joint Registrar issued court notice to the respondents on 19th July, 2022. 3. Vide order dated 2nd November, 2022, this Court issued notice in the present petition through all permissible modes. Counsel for the respondent no.2 accepted notice and four weeks’ time was grante