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

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. 3. Vide Order 29.07.2025, the learned Counsel for Respondent No. 2 submitted that Respondent No. 2 doe