MALPANI ENTERPRISES vs REGISTRAR OF TRADE MARKS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 07th January, 2025 W.P.(C)-IPD 27/2024 & CM 87/2024 MALPANI ENTERPRISES .....Petitioner Through: Mr. Hemant Daswani with Ms. Saumya Bajpai and Ms. Pranjal, Advocates. (M): 9871824303 versus REGISTRAR OF TRADE MARKS .....Respondent Through: Mr. Sumit Nagpal, Advocate. (M): 9911995000 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL) 1. The present writ petition has been filed with a prayer to quash the letter dated 20th August, 2024 under reference no. AD-2869 issued by the respondent. There is a prayer for direction to the respondent to take on record the notice of opposition filed by the petitioner and for proceeding with the opposition application, as per the Rules. 2. Petitioner is registered owner of the trademark ‘DECOR PLY’ under no. 2071369 and dealing in goods, i.e., ply wood, flush doors and building material, included in Class 19 for sale in India and for export. Petitioner has been using the said mark extensively, continuously and uninterruptedly since the year 2010. 3. It is the case of the petitioner that it came across the mark under application no. 5587879 for the ma