ORACLE AMERICA, INC., vs MR. SANDEEP KHANDELWAL AND ANR

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 3rd February, 2025 + C.O. (COMM.IPD-TM) 121/2024 with I.A. 34109/2024 & I.A. 34110/2024 ORACLE AMERICA, INC. .....Petitioner Through: Ms. Priya Adlakha, Ms. Sucharu Garg and Ms. Shilpi Sinha, Advocates versus MR. SANDEEP KHANDELWAL AND ANR .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Zubin Singh, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present rectification petition has been filed under Sections 47 and 57 of the Trade Marks Act, 1999 (hereinafter ‘the Act’) seeking cancellation of the registration of the trade mark bearing registration no. 5420304 in Class 41 in the name of the respondent no.1 (hereinafter ‘impugned mark’), who filed the application for registration on 22nd April, 2022 and was granted registration on 10th July, 2023. 2. Notice in the application for ad interim stay on the operation of the impugned registration was issued and was accepted on behalf of the respondents in court on 1st August, 2024. Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 121/2024 Page 1 of 10 By:DHARMENDER SINGH Signing Date:11.02.2025 12:21:50 3. Vide the order dated 1st August, 2024, when the respondent no.1 was present through counsel, the court also directed that a status quo be maintained qua the impugned mark and the respondent no.1 was granted four weeks to file a reply to the aforesaid application, which expired on 29th August, 2024. No reply to the present petition or the aforesaid application on behalf of the respondent no.1 has been filed till date. 4. There was no appearance on behalf of the respondent no.1 on the previous date of hearing and none appears on his behalf even today. BRIEF FACTS 5. Brief facts relevant for adjudicating the