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

Judgment text excerpt

$~6 * 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 granted to file reply. Signature Not Verified Digitally Signed By:DHARMENDER SINGH C.O. (COMM.IPD-TM) 350/2022 Page 1 of 8 Signing Date:25.02.2025 16:31:40 4. Counsel for the respondent no.1 entered appearance on 2nd February, 2023 and four weeks’ time was granted to file reply. On the same date, the parties were directed to file written submissions along with relevant judgments in support. 5. Despite accepting notice, neither any reply was filed on behalf of the respondents no. 1 and 2, nor any appearance was made on behalf of the respondents no. 1 and 2 after 5th April, 2023. Accordingly,