LANDMARK CRAFTS LIMITED vs ROMIL GUPTA TRADING AS SOHAN LAL GUPTA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 3 December 2025 Pronounced on: 25 February 2026 + LPA 575/2025, CM APPL. 57191/2025, 57192/2025, 57194/2025 & 69956/2025 LANDMARK CRAFTS LIMITED .....Appellant Through: Mr. J Sai Deepak. Sr. Advocate with Ms. Stuti Wason, Mr. Vipin Wason, Mr. Avinash Sharma and Mr. Hitesh Kumar, Advocates. versus ROMIL GUPTA TRADING AS SOHAN LAL GUPTA & ANR. .....Respondents Through: Mr. Sanjeev Sindhwani, Sr. Advocate with Mr. Rajat Bhardwaj, Mr. Sandeep Khatri and Mr. Ujjwal Bhardwaj, Advocates. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA % JUDGMENT 25.02.2026 C. HARI SHANKAR, J. A. The lis 1 1. The device mark was registered in favour of Respondent 12 in Class 6 for self-tapping metal screws and self 1 “the subject mark” hereinafter 2 “the respondent” hereinafter Signature Not Verified LPA 575/2025 Digitally Signed By:AJIT Page 1 of 25 KUMAR Signing Date:25.02.2026 15:47:42 drilling screws, vide Registration No. 3986970, under Section 23 of the Trade Marks Act, 19993. The appellant applied, under Section 57 of the Act, for rectification of the register by removal of the subject mark therefrom. By order dated 15 December 2022, the Deputy Registrar of Trade Marks4 allowed the application and cancelled the registration of the subject mark. Aggrieved thereby, the respondent appealed to this Court by way of CA (Comm IPD-TM) 1/2023, under Section 91 of the Act. The appeal stands allowed by a learned Single Judge, vide judgment dated 14 May 2025. The appellant is in appeal, under Clause X of the Letters Patent applicable to this Court. B. Facts 2. The respondent filed Application No. 3986970, under Section 23 of the Act, for registration of the mark . User of the mark was claimed from 27 February 201