KIRANAKART TECHNOLOGIES PRIVATE LIMITED vs MOHAMMAD ARSHAD & ANR.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 03rd March, 2025 + C.O. (COMM.IPD-TM) 62/2024 with I.A. 29531/2024 & I.A. 40361/2024 KIRANAKART TECHNOLOGIES PRIVATE LIMITED .....Petitioner Through: Ms. Shruti Baid, Mr. Aman Sagar & Mr. Anmol Kasana, Advocates. versus MOHAMMAD ARSHAD & ANR. .....Respondents Through: Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur Waraich & Mr. Kritarth Upadhyay, Advocates 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/ removal of the trade mark ‘ZEPTO’ bearing no. 2773519 in class 35 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 to the respondents on 17 th May, 2024. Notice was accepted on behalf of the respondent no.2 on the same date. Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 62/2024 Page 1 of 9 By:KOMAL DHAWAN Signing Date:07.03.2025 12:55:05 3. Notice was served upon the respondent no.1 through email, WhatsApp, speed post and courier, who appeared in person on 25 th September, 2024. 4. However, none appeared on behalf of the respondent no.1 on the last date of hearing. In the interest of justice, adverse orders were deferred and it was made clear that the matter would be adjudicated on merits on the next date of hearing. 5. Despite the aforesaid, neither any appearance has been made on behalf of the respondent no.1 today nor has any reply been filed to the present petition. 6. Written submissions, along with judgments in support, on behalf of the petitioner has been filed. BRIEF FACTS 7. Brief