$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A.(COMM.IPD-TM) 13/2023 & I.A. 8881/2023 ROSBURN HOLDINGS LIMITED & ANR. .....Appellants Through: Mr. Essenese Obhan and Ms. Yogita Rathore, Advs. M: 9891242171 Email: yogita.rathore@obhan.com versus REGISTRAR OF TRADEMARKS .....Respondent Through: Mr. Piyush Berwal, Mr. Sandip Munian and Ms. Jyotsna Vyas, Advs. for R-1. M: 9910396352 Email: beriwal.lawyer@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 11.02.2025 1. The present appeal has been filed challenging the order dated 24th January, 2023, whereby, the appellants’ application no. 4740992 for registration of the mark has been rejected under Section 11(1) of the Trade Marks Act, 1999. 2. Perusal of the impugned order dated 24th January, 2023 shows that the application of the appellants has been rejected on the basis of the cited mark, i.e., bearing registration no. 3324452 in Class 42. 3. In view of the fact that in C.O. (COMM.IPD-TM) 212/2023, the said 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 17/02/2025 at 17:22:25 cited mark has already been cancelled by today’s order, the fact emerges that there is no prior cited mark, existing as of today. 4. Accordingly, the application no. 4740992 of the appellants, is restored to its original number. 5. The Registrar of Trademarks is directed to consider and deal with the appellants’ application, in accordance with law. 6. With the aforesaid directions, the present appeal, along with the pending application, stands disposed of. 7. The Registry is directed to supply a copy of the present order to the Office of the Controller General of Patents, Designs and Trade Marks of India, on E-mail Id: llc-ipo@gov.in, for compliance. MINI PUSHKARNA, J FEBRUARY 11, 2025/kr 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 17/02/2025 at 17:22:25