GOODAI GLOBAL INC vs SHAHNAWAZ SIDDIQU & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th January, 2025 + C.O. (COMM.IPD-TM) 81/2024 & I.A. 1681/2025 GOODAI GLOBAL INC .....Petitioner Through: Mr. Cheitanya Madan, Mr. C.D. Mulherkar, Mr. R. Vigneshwar and Ms. Megha Saha, Advocates versus SHAHNAWAZ SIDDIQU & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Zubin Singh and Mr. Amit Acharya, Advocates for R-2/UOI 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 registration of a device mark registered under application number 5635163 in class 3 in favour of the respondent no.1 on 3rd October, 2022 on a ‘proposed to be used basis’. PROCEEDINGS IN THE PETITION 2. Notice in the petition was issued on 4th July, 2024 and four weeks’ time was granted to the respondent no. 1 to file reply. 3. Despite service, neither any reply was filed on behalf of the 1. 4. Accordingly, the right of the respondent no.1 to file reply to the petitions was closed vide the order of Joint Registrar dated 8th October, 2024. 5. Consequently, the respondent no.1 was proc