VST INDUSTRIES LIMITED vs ASD TOBACCO PRIVATE LIMITED & ANR

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 6th March, 2025 + C.O. (COMM.IPD-TM) 128/2021 VST INDUSTRIES LIMITED .....Petitioner Through: Mr. Hemant Daswani, Ms. Saumya Bajpai and Ms. Pranjal, Advocates Mob: 9810556744 Email: [email protected] versus ASD TOBACCO PRIVATE LIMITED & ANR. .....Respondents Through: Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur and Mr. Kritarth Upadhyay, Advocates for R- 2 M: 9810982927 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL) 1. The present petition has been filed under Section 57 of the Trade Marks Act, 1999 (“Trade Marks Act”) seeking rectification of the Trade Mark Register by removal of the mark, i.e. “CHUMS” (“impugned mark”) registered in favour of respondent no. 1, bearing registration no. 3960579 in Class 34, with date of application being 30th September, 2018, on account of being phonetically, visually and deceptively similar to the petitioner‟s mark. 2. Perusal of the order sheets clearly show that despite various efforts of service undertaken by the petitioner, no one has appeared on behalf of respondent no. 1. Accordingly, this Court has proceeded with matter. Signature Not Verified C.O. (COMM.IPD-TM) 128/2021 Page 1 of 9 Digitally Signed By:AMAN UNIYAL Signing Date:10.03.2025 11:51:55 3. Factual matrix, as captured in the petition, is as follows: 3.1. The petitioner in the present case was incorporated on 10 th November, 1930 under the Hyderabad companies Act, number IV of 1320 Fasli, now governed under the Indian Companies Act, 2013 (“Companies Act”). 3.2. The petitioner is also a listed company in the Bombay Stock Exchange (“BSE”) and National Stock Exchange (“NSE”) of India and is engaged in manufacturing and distributing ciga