Delhi High Court
Resilient Innovations Private ... vs The Registrar Of Trade Marks And ... on 9 August, 2023
$~42 to 45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)-IPD 33/2023, CM 98/2023 (Interim reliefs) and CM
99/2023 (Exemption)
RESILIENT INNOVATIONS PRIVATE LIMITED. Petitioner
Through: Mr. Mohit Goel, Mr. Sidhant
Goel and Mr. Deepankar Mishra, Advs.
Versus
THE REGISTRAR OF
TRADE MARKS AND ANR ..... Respondents
Through: Mr. Harish Vaidyanathan
Shankar, CGSC with Mr. Srish Kumar
Mishra, Mr. Sagar Mehlawat, Mr. Alexander
Mathai Paikaday, Mr. M. Sriram and Mr.
Krishnan V., Advs. for R-1
Mr. Saikrishna Rajagopal, Mr. Pushpam Jha,
Mr. Nitin Sharma, Ms. Shilpa Gupta, Ms.
Deepika Pokharia and Ms. Deepti Sarin,
Advs. for R-2
+ W.P.(C)-IPD 34/2023, CM 100/2023 (Interim reliefs) and CM
101/2023 (Exemption)
RESILIENT INNOVATIONS PRIVATE LIMITED. Petitioner
Through: Mr. Mohit Goel, Mr. Sidhant
Goel and Mr. Deepankar Mishra, Advs.
Versus
THE REGISTRAR OF
TRADE MARKS AND ANR ..... Respondents
Through: Mr. Harish Vaidyanathan
Shankar, CGSC with Mr. Srish Kumar
Mishra, Mr. Sagar Mehlawat, Mr. Alexander
Mathai Paikaday, Mr. M. Sriram and Mr.
Krishnan V., Advs. for R-1
Signature Not Verified
Mr. Saikrishna Rajagopal, Mr. Pushpam Jha,
Signed By:HARIOMW.P.(C)-IPD 33/2023 & cont. matters Page 1 of 4
Signing Date:10.08.2023
11:56:44
Mr. Nitin Sharma, Ms. Shilpa Gupta, Ms.
Deepika Pokharia and Ms. Deepti Sarin,
Advs. for R-2
+ W.P.(C)-IPD 35/2023, CM 102/2023 (Interim reliefs) and CM
103/2023 (Exemption)
RESILIENT INNOVATIONS PRIVATE LIMITED.. Petitioner
Through: Mr. Mohit Goel, Mr. Sidhant
Goel and Mr. Deepankar Mishra, Advs.
Versus
THE REGISTRAR OF
TRADE MARKS AND ANR ..... Respondents
Through: Mr. Harish Vaidyanathan
Shankar, CGSC with Mr. Srish Kumar
Mishra, Mr. Sagar Mehlawat, Mr. Alexander
Mathai Paikaday, Mr. M. Sriram and Mr.
Krishnan V., Advs. for R-1
Mr. Saikrishna Rajagopal, Mr. Pushpam Jha,
Mr. Nitin Sharma, Ms. Shilpa Gupta, Ms.
Deepika Pokharia and Ms. Deepti Sarin,
Advs. for R-2
+ W.P.(C)-IPD 36/2023, CM 104/2023 (Interim reliefs) and CM
105/2023 (Exemption)
RESILIENT INNOVATIONS
PRIVATE LIMITED ..... Petitioner
Through: Mr. Mohit Goel, Mr. Sidhant
Goel and Mr. Deepankar Mishra, Advs.
Versus
THE REGISTRAR OF
TRADE MARKS AND ANR ..... Respondents
Signature Not Verified
Through: Mr. Harish Vaidyanathan
Signed By:HARIOMW.P.(C)-IPD 33/2023 & cont. matters Page 2 of 4
Signing Date:10.08.2023
11:56:44
Shankar, CGSC with Mr. Srish Kumar
Mishra, Mr. Sagar Mehlawat, Mr. Alexander
Mathai Paikaday, Mr. M. Sriram and Mr.
Krishnan V., Advs. for R-1
Mr. Saikrishna Rajagopal, Mr. Pushpam Jha,
Mr. Nitin Sharma, Ms. Shilpa Gupta, Ms.
Deepika Pokharia and Ms. Deepti Sarin,
Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 09.08.2023
1. Rule nisi.
2. Rule made returnable forthwith.
3. The grievance of the petitioner in all these writ petitions is that
the opposition filed by Respondent 2 to the applications of the
petitioner for registration of its trademarks had to be treated as
abandoned under Rule 45(2) of the Trade Mark Rules, 2017 and that
though the petitioner had, vide communications dated 19 April 2023
and 11 July 2023, called upon the Registrar to declare the opposition
filed by Respondent 2 as having been abandoned, there is no decision
on the said letters.
4. Both sides are agreeable to the disposal of these petitions with a
direction to the Registrar or the competent officer authorised by the
Registrar to take a decision on the petitioner's letters dated 19 April
2023 and 11 July 2023 within a period of four weeks in accordance
with law and the procedure prescribed in the statute in that regard and
Signature Not Verified
Signing Date:10.08.2023
11:56:44
in due compliance with the principles of natural justice and fair play.
5. The petitioner and Respondent 2 shall be granted an opportunity
of personal hearing in these matters, for which purpose, they are
directed to appear before the competent officer on 16 August 2023.
6. All these writ petitions stand disposed of in the aforesaid terms.
7. Miscellaneous applications also stand disposed of.
8. The Court clarifies that it has not expressed any opinion on the
merits of the letters dated 19 April 2023 or 11 July 2023, and that the
concerned officer would dispose of the petitioner's request/prayer, as
contained in the said letters, on merits and in accordance with law.
C.HARI SHANKAR, J
AUGUST 9, 2023
rb
Signature Not Verified
Signing Date:10.08.2023
11:56:44
