ONCQUEST LABORATORIES LIMITED vs MANISH KUMAR & ANR.

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18th July, 2025 + C.O. (COMM.IPD-TM) 207/2024 ONCQUEST LABORATORIES LIMITED .....Petitioner Through: Mr. Manish Kumar Mishra and Mr. Saransh Saini, Advocates. versus MANISH KUMAR & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Om Ram, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present rectification petition has been filed under Sections 47 and 57 of the Trade Marks Act, 1999 (hereinafter ‘the Act’) seeking cancellation of registration/ removal of the trademark ‘ONCQUEST’ bearing registration no. 4004984 in class 44 in the name of the respondent no.1 (hereinafter ‘impugned mark’) from the Register of Trade Marks. PROCEEDINGS IN THE PETITION 2. Notice in the present petition was issued vide order dated 18th October, 2024 and six weeks’ time was granted to the respondent no.1 to file a reply. Counsel appearing on behalf of the respondent no.2 accepted notice on the same date. 3. Vide order dated 27th February, 2025, the Joint Registrar noted that the respondent no.1 has been served via speed post on 30th January, 2025. Signature Not Verified Digitally Signed By:VIVEK MISHRA C.O. (COMM.IPD-TM) 207/2024 Page 1 of 6 Signing Date:25.07.2025 12:41:14 4. On 1st May, 2025, it was recorded that despite service, neither any reply was filed on behalf of the respondent no. 1, nor any appearance was made on behalf of the respondent no. 1. 5. Even today, none appears on behalf of the respondent no.1. BRIEF FACTS 6. Brief facts leading to the filing of the present petition are as follows: 6.1. The petitioner company, Oncquest Laboratories Limited, was incorporated by the promoters of Dabur India Ltd. and is engaged in operating diagnostic and pathology centers ac