High CourtsSingle Bench(2023) 09 DEL CK 0017

Harsh Vardhan vs Alna Biotech Pvt Limited & Anr.

Delhi High Court · Decided on 4 September 2023

HON’BLE JUDGES
C. Hari Shankar, J
RESULT
Allowed
CASE NUMBER
C.O. (COMM.IPD-TM) No. 184 Of 2023

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Judgment

6 paragraphs · 136 words

C. Hari Shankar, J

1.

This is a petition under Section 57 of the Trade Marks Act, whereby the petitioner seeks rectification of register of trademarks by removal, therefrom, of the GLAMROOT mark of Respondent 1. Respondent 1 has, since, applied to the Registrar of Trademarks for cancellation of the impugned mark on 12 July 2023.

2.

In view thereof, Ms. Aparna Jain, learned Counsel for the petitioner prays that the Registrar of Trademarks may be directed to cancel the impugned GLAMROOT mark.

3.

Mr. Sunil Tiwari, learned Counsel for Respondent 1 also joins in the request.

4.

Accordingly, the Registrar of Trademarks is directed to forthwith cancel Registration No. 5451809 dated 17 May 2022 whereby the impugned GLAMROOT mark stands registered in favour of Respondent 1.

5.

This petition stands allowed in the aforesaid terms.