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2025 DAILYLAW 27648 (DEL)

MANKIND PHARMA LTD. v. RAM KUMAR M/S DR. KUMARS PHARMACEUTICALS

C.O. (COMM.IPD-TM)/566/2022 · 2025-08-22

Tejas Karia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 566/2022 MANKIND PHARMA LTD. .....Petitioner Through: Ms. Saumya Bajpai, Advocate. Versus RAM KUMAR M/S DR. KUMARS PHARMACEUTICALS .....Respondent Through: Mr. Nishant Gautam, Mr. Vardhman Kaushik, Mr. Shaurya Mani Pandey & Mr. Prithvi Raj Dey, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 09.09.2025 I.A. 22194/2025 1. The Petitioner / Applicant has filed the present Application seeking rectification / amendment of the Judgment dated 22.08.2025 passed in the present Petition on the ground that typographical errors have crept in Paragraph Nos. 1, 4 and 25 of the Judgment to the extent that the said paragraphs record the impugned Trade Mark as “UNKIND” instead of “UNIKIND”. 2. A perusal of the Judgment dated 22.08.2025 indicates that typographical errors, as mentioned above, have indeed crept in the aforesaid paragraphs. The learned Counsel appearing for the Respondent also agreeable to the amendment / modification sought by the Plaintiff. 3. Accordingly, the Application is allowed and Paragraphs No.1, 4 and 25 of the judgment dated 22.08.2026 are amended / rectified to read as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 12:12:09 “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 ‘UNIKIND’ bearing Application No. 1711563 registered in Class 35 (“Impugned Trade Mark”) registered in favour of Respondent No. 1. *** *** *** 4. Respondent No. 1 adopted the Impugned Trade Mark, ‘UNIKIND’ on 17.07.2008 with user claim dated 30.06.2006. Upon coming across the registration for the Impugned Trade Mark by Respondent No. 1, the Petitioner sent a Cease and Desist Notice to Respondent No. 1 asking to desist forthwith from using the Impugned Trade Mark and/or any other Trade Mark and/or Trade Name with the word element KIND. Respondent No. 1 did not reply to the aforesaid Cease and Desist Notice. *** *** *** 25. Accordingly, the present Petition is allowed and the Trade Marks Registry is directed to remove the Impugned Trade Mark ‘UNIKIND’ bearing Application No. 1711563 registered in Class 35 from the Register of Trade Marks.” 4. No further orders are required to be made. This order be uploaded as a corrigendum to the Judgment dated 22.08.2025. TEJAS KARIA, J SEPTEMBER 9, 2025 ‘gsr’ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 12:12:09