ROMIL GUPTA TRADING AS SOHAN LAL GUPTA vs REGISTRAR OF TRADE MARKS & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 20th March, 2025 Judgment pronounced on: 14th May, 2025 + C.A.(COMM.IPD-TM) 1/2023 with I.A. 1530/2023, I.A. 1532/2023 and I.A. 26186/2023 ROMIL GUPTA TRADING AS SOHAN LAL GUPTA .....Appellant Through: Mr. Sanjeev Sindhwani, Senior Advocate with Mr. Rajat Bhardwaj, Mr. Sandeep Khatri, Mr. Gaurav Sindhwani, Ms. Shivani Negi & Mr. Ujjwal Bhardwaj, Advocates. versus REGISTRAR OF TRADE MARKS & ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Debasish Mishra, Advocate, Mr. R. Venkat Prabhat, SPC with Ms. Kamna Behrani, Mr. Ansh Kalra, and Mr. Divyanshu Sinha, Advocates for R-1. Mr. J. Sai Deepak, Senior Advocate with Mr. Vipin Wason, Ms. Stuti Wason, Mr. Avinash Sharma, Advocates for R-2 with Mr. Sanjay Pandita, AR of R-2. CORAM: HON’BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. 1. The present appeal has been preferred by the appellant under Section Signature Not Verified Digitally Signed C.A.(COMM.IPD-TM) 1/2023 Page 1 of 10 By:DHARMENDER SINGH Signing Date:14.05.2025 11:53:07 91 of the Trade Marks Act, 1999 (hereinafter ‘Act’) assailing the order dated 15th December 2022 passed by the respondent no.1 (hereinafter ‘impugned order’) vide which the registration of the trade mark (hereinafter ‘subject mark’) bearing no. 3986970 in class 6 in the name of the appellant has been cancelled. BRIEF FACTS 2. Brief undisputed facts relevant to the present appeal are as follows: 2.1. The appellant, engaged in the business of manufacturing and trading of self-tapping metal screws and self-drilling screw, is the bona fide user of the subject mark since 2013. 2.2. The appellant filed a trade mark application bearing no. 3986970 in class 6 on 30th October 2018 with a user claim since 27th February 2013 (h