SANSAR GRAMODYOG MANDAL INDUSTWRIAL AREA, BIWANI, HARYANA vs ARORA GRAM YDYOG VIKAS MANDAL, INDUSTRIAL AREA, BHIWANI, HARYANA

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21st March, 2025 + C.O. (COMM.IPD-TM) 509/2022 SANSAR GRAMODYOG MANDAL INDUSTRIAL AREA, BIWANI, HARYANA .....Petitioner Through: Mr. Shivendra Pratap Singh, Mr. Navdeep Suhag and Ms. Mehak Khanna, Advocates versus ARORA GRAM YDYOG VIKAS MANDAL, INDUSTRIAL AREA, BHIWANI, HARYANA .....Respondent Through: Ms. Shambhavi Sharma, Advocate CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present rectification petition has been filed by the petitioner seeking removal of the mark “TAJ” bearing registration no.432174 in Class 3. 2. The present rectification petition was filed before the erstwhile Intellectual Property Appellate Board (‘IPAB’) on 29th October 2012. Thereafter, the present petition was received on transfer after the abolition of the IPAB pursuant to the Tribunal Reforms Act, 2021. 3. A counter statement dated 12th June 2013 had been filed on behalf of the respondent organisation, and a rejoinder thereto dated 30th October 2013 had been filed on behalf of the petitioner. Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 509/2022 Page 1 of 5 By:KOMAL DHAWAN Signing Date:27.03.2025 12:27:38 4. Counsel for the petitioner relies upon the Assignment Deed executed by the respondent organisation in favour of the petitioner on 27th June 2011, in terms of which, the mark “TAJ SOAP”, which was pending registration before the Trade Marks Registry under application no. 671176, was assigned in favour of the petitioner. The relevant extracts from the assignment deed are set out below:- “THIS DEED OF ASSIGNMENT is made [sic: on] the 27th day of June, 2011 by M/s. Arora Gramoudyog Vikas Mandal, Industrial Area, Bhiwani-125021 (Haryana), hereinafter called the Assignor (which expression sh