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2025 DAILYLAW 31139 (RAJ)

JYOTI NARGAS WIFE OF SANJAY KUMAR NARGAS v. REGISTRAR OF TRADE MARK

CW/18592/2023 · 2025-03-11

Sudesh Bansal

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18592/2023 Jyoti Nargas Wife Of Sanjay Kumar Nargas ----Petitioner Versus Registrar Of Trade Mark ----Respondent For Petitioner(s) : Mr. Dharmendra Gupta for Mr. G.D. Bansal For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 11/03/2025 1. Matter has come up on an application (1/2025) filed by the petitioner, seeking to convert this Writ Petition into Civil Misc. Appeal and to register the same accordingly. 2. Petitioner has preferred instant writ petition, impugning the order dated 24.03.2023 passed by the Senior Examiner, Trade Marks, being authorized to discharge duties of Registrar as per Section 3(2) of the Trade Marks Act, 1999, dismissing his application No.5044531 for registration of trademark “AROMATHERAPY STORIES”. 3. As per Section 91 of the Trade Marks Act, 1999, any person aggrieved by an order or decision of Registrar, Trade Marks may prefer an appeal before the High Court, hence, the order impugned is appealable before the High Court and in that view, application (1/2025) filed by the petitioner to convert this Writ Petition into Civil Misc. Appeal, is accordingly allowed. 4. The present Writ Petition is directed to be converted into Civil Misc. Appeal and be registered accordingly. 5. Counsel for petitioner undertakes to produce the fresh memo of Civil Misc. Appeal and to carry out the necessary amendments/ requirements to convert the Writ Petition into Civil Misc. Appeal. 6. Office to proceed. (SUDESH BANSAL),J Sachin/31