VEEKESY RUBBER INDUSTRIES PVT LTD. vs KAMAL BANSAL

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th February, 2025 + C.O. (COMM.IPD-TM) 542/2022 VEEKESY RUBBER INDUSTRIES PVT LTD. .....Petitioner Through: Mr. Ashutosh Kumar, Mr. Ishaan George, Mr. Swarnil Dey, Dr. Rukma George, Mr. Archit Jain & Mr. Ashhab Khan, Advocates. versus KAMAL BANSAL .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present rectification petition has been filed under Sections 47, 57, and 125 of the Trade Marks Act, 1999 (hereinafter, ‘the Act’) seeking removal of the trademark ‘VKG’ bearing trademark registration no. 2092681 in Class 25, from the Register of Trade Marks. PROCEEDINGS IN THE PETITION 2. Notice in the present petition was issued by the erstwhile Intellectual Property Appellate Board (IPAB). Despite service, the respondent no.1 failed to appear before the IPAB. Thereafter, the present petition was received on transfer after the abolition of the IPAB pursuant to the Tribunal Reforms Act, 2021. Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 542/2022 Page 1 of 8 By:AANCHAL TAGGAR Signing Date:05.03.2025 14:59:07 3. Court notice was issued to the parties by this Court on 22 nd April, 2022. However, none appeared on behalf of the respondents. 4. The petitioner filed an affidavit of service dated 9th March, 2023, asserting that the Trade Mark Agent of the respondent no.1 had been served via speed post and e-mail. 5. Thereafter, this Court vide order dated 26th July, 2023, directed the Registry to effect service through WhatsApp on the respondent no.1. 6. Vide order dated 11th December, 2023, it has been recorded that the respondent no.1 had been served on 4th November, 2023 by the Registry through WhatsApp. As per the affidavit of service of the petitione