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C.O. (COMM.IPD-TM) 91/2023 HIGH COURT OF DELHI
C.O. (COMM.IPD-TM) 89/2023 & I.A. 3881/2023 MIRZA AHMED BAIG ALIAS ASAD ..... Petitioner
Through: Ms. Abhilasha Nautiyal and Mr. Shuvam Bhattacharya, Advs.
Through: Mr. Samrat Nigam and Mr. Kashif Raza, Advs. for R-1
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat and Mr. Alexander Mathai
Paikaday, Advs. for R-2 C.O. (COMM.IPD-TM) 90/2023 & I.A. 3885/2023
MIRZA AHMED BAIG ALIAS ASAD ..... Petitioner
Through: Ms. Abhilasha Nautiyal and Mr. Shuvam Bhattacharya, Advs.
Through: Mr. Samrat Nigam and Mr. Kashif Raza, Advs. for R-1
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat and Mr. Alexander Mathai
Paikaday, Advs. for R-2 C.O. (COMM.IPD-TM) 91/2023 & I.A. 3889/2023
MIRZA AHMED BAIG ALIAS ASAD .... Petitioner
Through: Ms. Abhilasha Nautiyal and Mr. Shuvam Bhattacharya, Advs.
Neutral Citation Number : 2023:DHC:3081 C.O. (COMM.IPD-TM) 89/2023, C.O. (COMM.IPD-TM) 90/2023 &
C.O. (COMM.IPD-TM) 91/2023 MIRZA AFSER BAIG & ANR. ..... Respondents
Through: Mr. Samrat Nigam and Mr. Kashif Raza, Advs. for R-1
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat and Mr. Alexander Mathai
Paikaday, Advs. for R-2
04.05.2023
JUDGMENT
1. These are petitions under Section 57 of the Trade Marks Act, seeking rectification of the register of Trade Marks by removal, therefrom, of the marks (device mark), (device mark) and MIDLAND (word mark), which stand registered in favour of Respondent 1 in the register of Trade Marks in classes 41, 16 and 16 respectively.
2. Given the fact that this is a dispute between brothers and that the objection to the continuance of the registration of aforesaid marks on the register in favour of Respondent 1 has been raised by his brother, Mr. Samrat Nigam, learned Counsel appearing for Respondent 1, submits, on instructions, that in order to maintain peace in the family, his client does not desire to continue to contest this litigation or to assert registration of the aforesaid marks. He, therefore, is agreeable to these petitions being disposed of with a direction to the Registry of Trade Marks to rectify the register of Trade Marks by removing, therefrom, the aforesaid three marks. Neutral Citation Number: 2023:DHC:3081 C.O. (COMM.IPD-TM) 89/2023, C.O. (COMM.IPD-TM) 90/2023 & C.O. (COMM.IPD-TM) 91/2023
3. In view thereof, without pronouncing on the merits of the matter and in view of the submissions made by Mr. Nigam on instructions, this Court disposes of all these three cancellation/rectification petitions with a direction to the Registry of Trade Marks to rectify the register by removal, therefrom, of the marks device mark, registered in favour of Respondent 1 in classes 41 and 16, and the MIDLAND word mark, registered in favour of Respondent 1 in class 16, within a period of three weeks from today.
4. These petitions stand disposed of in the aforesaid terms.
5. Miscellaneous pending applications, if any, also stand disposed of.
C. HARI SHANKAR, J.
MAY 4, 2023