GM MODULAR PVT. LTD. vs MUMTAZ AHMED & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2026 + C.O. (COMM.IPD-TM) 176/2024 & I.A. 39130/2024 GM MODULAR PVT. LTD. .....Petitioner versus MUMTAZ AHMED & ANR. .....Respondents Advocates who appeared in this case For the Petitioner : Mr. Ajay Amitabh Suman, Mr. Shravan Kumar Bansal, Mr. Rishi Bansal, Mr. Deepak Srivastava, Mr. Rishabh Gupta, Ms. Shruti Manchanda and Ms. Deasha Mehta, Advocates. For the Respondents : Ms. Nidhi Raman, CGSC with Mr. Mayank S. and Mr. Om Rai, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 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 ‘ ’ Signature Not Verified C.O. (COMM.IPD-TM) 176/2024 Page 1 of 9 Signed By:NEELAM SHARMA Signing Date:17.01.2026 18:21:09 registered under Trade Mark Application No. 1978669 in Class 11 (“Impugned Trade Mark”) in favour of Respondent No. 1. PROCEEDURAL BACKGROUND: 2. The Notice in the present Petition was issued vide Order dated 11.09.2024 and the Respondents were given a time of four weeks to file their respective replies to the present Petition. Vide Order dated 06.12.2024, it was recorded that the Petitioner filed an Affidavit of Service to show that Respondent No. 1 had been served, however none appeared for Respondent No. 1. On 16.04.2025, Respondent No. 1 was directed to be served through the Trade Mark Agent through which the Application for the Impugned Trade Mark was filed. 3. Respondent No. 1 failed to appear even on 13.08.2025, and, therefore, Respondent No. 1 was directed to be proceeded ex-parte. The learned Counsel for the Petitioner made submissions on 26.11.2025 and the judg