AVIENT SWITZERLAND GMBH vs TREADFAST VENTURES & ANR.

Judgment text excerpt

* I N T H E H I G H CO U RT O F DE L H I AT NE W DE L H I Reserved on: April 29, 2025 % Pronounced on: July 01, 2025 + C.A.(COMM.IPD-TM) 44/2024, I.A. 31273/2024-Stay AVIENT SWITZERLAND GMBH .....Appellant Through: Mr. Peeyoosh Kalra, Mr. Amol Dixit and Ms. Pragati Agrawal, Advocates. versus TREADFAST VENTURES & ANR. .....Respondents Through: Mr. Anshul Goel and Mr. Ashok Goel, Advocates for R-1. CORAM: HON’BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT Preface: 1. The appellant/ original applicant before the Trade Marks Registry, New Delhi1 has preferred the present appeal under Section 91 of the Trade Marks Act, 19992 assailing the order dated 12.02.20243 passed by the learned Assistant Registrar of Trade Marks4, whereby the application bearing no.1336157 of the appellant for the trademark ‘RENOL’ in Class 2 has been refused and the opposition bearing no.880655 of the respondent no.1/ original opponent before the Registry, who is the owner of the trademark ‘REINOL’ in Class(es) 1 and 3, has been allowed. 1 hereinafter referred to as “Registry” 2 hereinafter referred to as “TM Act” 3 hereinafter referred to as “impugned order” 4 hereinafter referred to as “respondent no.2” C.A.(COMM.IPD-TM) 44/2024 Page 1 of 15 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:01.07.2025 17:21:19 Brief Conspectus: 2. As per appellant, one Clariant AG, the appellant herein/ current proprietor/ successor-in-interest i.e. Avient Switzerland GMBH, assigned all its rights, title and interest in the trademark ‘RENOL’ to it vide a Deed of Assignment executed on 21.01.2020. The present appeal has been filed through them. 3. The said appellant, Avient Switzerland GMBH, is one of the world’s leading company specialising in chemicals, which operates into four business areas namely, ‘