ARDO MEDICAL AG vs MS SDB INTERNATIONAL AND ANR. & ANR.

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13.10.2025 + C.O. (COMM.IPD-TM) 92/2025 ARDO MEDICAL AG. .....Petitioner Through: Ms. Anu Shrivastava & Mr. Shyam Agarwal, Advocates. versus MS SDB INTERNATIONAL AND ANR. & ANR. .....Defendants Through: Ms. Nidhi Raman, Mr. Mayank Sansanwal & Mr. Om Ram, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J. (Oral) 1. The present Rectification Petition has been filed under Section 57 of the Trade Marks Act, 1999 (“Act”) seeking rectification of the Register of Trade Marks by cancellation / removal of the Trade Mark ‘ ’ bearing Trade Mark Certificate No. 4578111 registered in Class 44 (“Impugned Trade Mark”) registered in favour of Respondent No. 1. PROCEEDINGS IN THE PRESENT SUIT: 2. The notice in the present Petition was issued vide Order dated 04.04.2025 and the Respondents were given a time of four weeks to file their respective replies to the present Petition, further, the learned Counsel for the Parties were also granted liberty to file their respective written synopsis within a period of four weeks. Signature Not Verified C.O. (COMM.IPD-TM) 92/2025 Page 1 of 8 Signed By:NEELAM SHARMA Signing Date:17.10.2025 15:18:02 3. Vide Order 29.07.2025, the learned Counsel for Respondent No. 2 submitted that Respondent No. 2 does not wish to file a Reply to the present Petition. Respondent No. 1 did not appear despite service and accordingly Respondent No. 1 was given a last and final opportunity to file its Reply. 4. None appeared for Respondent No. 1 even on 13.10.2025 and accordingly, Respondent No. 1 is proceeded ex-parte. SUBMISSIONS ON BEHALF OF THE PETITIONER: 5. The learned Counsel for the Petitioner made the following submissions: 5.1. The Petitioner, Ardo Medical AG, is a Swiss com