Okaya Power Private Limited v. Manoj Bansal Trading as Mahadev Electric Store

Delhi High Court · 13 Jul 2023 · 2023:DHC:5381
C. Hari Shankar
C.O. (COMM.IPD-TM) 205/2022
2023:DHC:5381
intellectual_property petition_allowed

AI Summary

The Delhi High Court allowed the petition to remove the trademark "OKAWA" from the register following the respondent's voluntary disclaimer and consent.

Full Text
Translation output
C.O. (COMM.IPD-TM) 205/2022 HIGH COURT OF DELHI
C.O. (COMM.IPD-TM) 205/2022 OKAYA POWER PRIVATE LIMITED ... Petitioner
Through: Mr. Ankit Sahni, Mr. Chirag Ahluwalia, Advs.
VERSUS
MANOJ BANSAL TRADING AS MAHADEV ELECTRIC STORE ..... Respondent
Through: Mr. Manoj Bansal in person (virtually)
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT

1. This is a petition under Section 57 of the Trade Marks Act 1999 whereby the petitioner has sought cancellation and removal, from the register of the Trade Marks, of the mark “OKAWA”, registered in class 9 in favour of the respondent Manoj Bansal, vide Registration No. 3072155. O R D E R (ORAL) % 01.08.2023

2. On 13 July 2023, Mr. Manoj Bansal appeared before the learned Joint Registrar and made a statement that he was not desirous of continuing to use the impugned trade mark “OKAWA” and that he had no objection if the mark was removed from the register of the Trade Marks and the register was rectified accordingly. C.O. (COMM.IPD-TM) 205/2022

3. Mr. Manoj Bansal is present today, albeit virtually. He reiterates the said statement.

4. Accordingly, the Registry of Trade Marks is directed, forthwith, to rectify the register of Trade Marks by removal, therefrom, the mark “OKAWA” registered in favour of the respondent Manoj Bansal, in class 9 vide Registration No. 3072155.

5. This petition stands allowed accordingly.

C. HARI SHANKAR, J.