ASHIANA ISPAT LIMITED vs KAMDHENU LIMITED & ORS.

Judgment text excerpt

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 407/2025, CM APPL. 36781/2025 & CM APPL. 36783/2025 ASHIANA ISPAT LIMITED .....Appellant Through: Mr. Chander M. Lall, Sr. Adv. with Mr. Ankur Sudan, Mr. Achuthan Sreekumar, Ms. Anannya Mehan, Mr. Swastik Bisarya and Ms. Vidhi Jain, Advs. versus KAMDHENU LIMITED & ORS. .....Respondents Through: Mr. J Sai Deepak, Sr. Adv. with Mr. Sudarshan Bansal, Mr. Shivang Bansal, Mr. Avinash and Mr. Shivendra Pratap Singh, Advs. for R-1 Ms. Nidhi Raman, CGSC with Mr. Akash Mishra and Mr. Arnav Mittal, Advs. for R-2 Mr. Satya Ranjan Swain, SPC with Mr. Kautilya Birat, Mr. Ankush Kapoor and Mr. Vishwadeep Chandrakar, Advs. for R-2 to 5 Mr. Sumit Nagpal, Adv. for R-4 Ms. Kangan Roda, SPC Ms. Apoorva Sharma, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 03.09.2025 C. HARI SHANKAR, J. 1. In view of the nature of the dispute, we deem it appropriate to commence this judgment by recounting the procedure for registration LPA 407/2025 Signature Not Verified Page 1 of 34 Digitally Signed By:AJIT KUMAR Signing Date:08.09.2025 18:54:02 of a trade mark, under the Trade Marks Act, 19991 read with the Trade Marks Rules, 20172. 2. Procedure for registration of a trade mark 2.1 Any application, seeking registration of a trade mark, is required to be submitted under Section 18(1)3 of the TMA, to the Registrar of Trade Marks. Section 18(4)4 empowers the Registrar to either refuse the application, or accept it, absolutely or conditionally. Section 195 further empowers the Registrar, if he feels that the application ought not to have been accepted, or that it should have been accepted subject to conditions other than those subject to which it was accepted, to withdraw the acceptance. If the appl