BOON RAWD BREWERY CO LTD. vs YUNNAN XIANGKENG TRADING CO., LTD. & ANR.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 01st May, 2025 + C.O. (COMM.IPD-TM) 25/2025 & I.A. 3215/2025 BOON RAWD BREWERY CO LTD. .....Petitioner Through: Mr. Vishal Nagpal, Mr. Debjoti Sarkar and Ms. Suhrita Majumdar, Advocates versus YUNNAN XIANGKENG TRADING CO. LTD. & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Debasish Mishra, Advocates for R-2 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present petition has been filed under Sections 47 and 57 of the Trade Marks Act seeking removal/cancellation of the device mark registered under application no.3850584 in class 32 in favour of the respondent no.1 on 5th April, 2019 on a ‘proposed to be used’ basis. PROCEEDINGS IN THE PETITION 2. Notice in the petition was issued vide order dated 7th February, 2025 and two weeks’ time was granted to the respondent no.1 to file a reply. The Predecessor Bench also stayed the registration of the impugned mark till the Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 25/2025 Page 1 of 7 By:KOMAL DHAWAN Signing Date:06.05.2025 16:52:20 next date of hearing. 3. On 3rd March 2025, it was recorded that despite service, neither any reply was filed on behalf of the respondent no.1, nor was any appearance made on behalf of the respondent no.1. 4. Even today, none appears on behalf of the respondent no.1. BRIEF FACTS 5. Brief facts leading to the filing of the present petition are as follows: - 5.1. The petitioner is a Thai company founded in 1933 and is engaged in the manufacturing and selling of inter-alia, international quality beers and other alcoholic and non-alcoholic beverages. The Petitioner is Thailand’s first and largest brewery company. 5.2. The petitioner had adopted the trademark ‘SINGHA’ in 1933 and commen