M/S SITA RAM IRON FOUNDRY AND ENGINEERING WORKS vs HINDUSTAN TECHNOCAST (P) LTD. AND ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 150/2021 M/S SITA RAM IRON FOUNDRY AND ENGINEERING WORKS .....Petitioner Through: Mr. Ajay Amitabh Suman, Mr. Shravan Kumar Bansal, Mr. Rishi Bansal, Mr. Rishabh Gupta, Mr. Pankaj Kumar and Mr. Deepak Srivastava, Advocates. Mob: 9990389539 Email: [email protected] versus HINDUSTAN TECHNOCAST (P) LTD. AND ANR. .....Respondents Through: Ms. Radhika Bishwajit Dubey, CGSC along with Mr. Vivek Sharma, Advocate for Registrar of Trademarks. Mob: 9810982923 Email: [email protected] Mr. Rohan Jaitley, CGSC with Mr. Dev Pratap and Mr. Varun Pratap Singh, Advocates for UOI. Mob: 9355665877 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 09.07.2025 MINI PUSHKARNA, J: 1. The present petition has been filed under Sections 47, 57 and 125 of the Trade Marks Act, 1999 (“the Trade Marks Act”), seeking Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 150/2021 Page 1 of 27 By:HARIOM Signing Date:09.07.2025 21:21:23 cancellation/removal from the Register of Trade Marks, the trademark “BADAL” (“impugned mark”) registered on 15th February, 2000, under application no. 554483 in Class 07 in favour of the respondent no. 1, i.e., Hindustan Technocast (P) Ltd., with the date of application being 15th July, 1991, and a user detail of 01st January, 1945. 2. As recorded in the order dated 18th January, 2022, the present petition has been received from the Intellectual Property Appellate Board (“IPAB”), consequent to its abolition and upon promulgation of the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021. 3. This Court notes that the counsel for respondent no. 1 had last appeared before this Court on 29th May, 2023, and despite repeated opportunities provided to the respon