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2025 DAILYLAW 31941 (DEL)

HINDUSTAN SYRINGES AND MEDICAL DEVICES LTD v. UNOMEDICAL A/S & ANR.

C.O. (COMM.IPD-TM)/246/2024 · 2025-03-05

Mini Pushkarna

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A.(COMM.IPD-TM) 148/2021 & I.A. No. 7043/2024 HINDUSTAN SYRINGES AND MEDICAL DEVICE AND LTD.. .....Appellant Through: Mr. S.K. Bansal with Mr. Rishabh Gupta, Advocates. (M): 9711447472 Email: rishabh.gupta@unitedandunited.com versus UNOMEDICAL A/S AND ANR .....Respondents Through: Mr. Amol Dixit, Advocate for respondent no. 1. Ms. Nidhi Raman, CGSC with Mr. Debasish Mishra and Mr. Zubin Singh, Advocates for respondent/Registrar of Trademarks. (M): 9560356775 Email: nidhiraman.office@gmail.com + C.O. (COMM.IPD-TM) 246/2024 & I.A. No. 46554/2024 HINDUSTAN SYRINGES AND MEDICAL DEVICES LTD .....Petitioner Through: Mr. S.K. Bansal with Mr. Rishabh Gupta, Advocates. (M): 9711447472 Email: rishabh.gupta@unitedandunited.com versus 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 11/03/2025 at 11:57:57 UNOMEDICAL A/S & ANR. .....Respondents Through: Mr. Amol Dixit, Advocate for respondent no. 1. Ms. Nidhi Raman, CGSC with Mr. Debasish Mishra and Mr. Zubin Singh, Advocates for respondent/Registrar of Trademarks. (M): 9560356775 Email: nidhiraman.office@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. The present appeal has been filed against the order dated 26 O R D E R % 05.03.2025 th October, 2019, passed by the learned Registrar of Trademarks, dismissing the opposition no. 712863 dated 26th 2. Learned counsel appearing for the respondent no. 1 submits that he has no objection, if the appeal is allowed. He further submits that the said statement is being made without prejudice to the rights and contentions of the respondents, subsisting in other parts of the world. November, 2007, filed by the appellant against application no. 1208094 in Class 5 of respondent no. 1, for registration of the impugned mark, UNOMEDICAL. 3. This Court further takes note of the submission of respondent no. 1 that the statement made before this Court today, shall not be taken as any admission of infringement by respondent no. 1, with respect to any admission of the rights of the appellant/petitioner, in any manner whatsoever. 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 11/03/2025 at 11:57:57 4. Considering the statement made before this Court, the present appeal is allowed. 5. Accordingly, the impugned order dated 26th October, 2019 passed by the respondent no. 2 in the matter of opposition no. 712863 dated 26th 6. Considering the fact that the present appeal is being allowed, learned counsel appearing for the respondent no. 1 i.e. UNOMEDICAL A/S, submits that he has no objection, if the rectification petition is also allowed. November, 2007 filed by the appellant, is hereby set aside. 7. C.O. (COMM.IPD-TM) 246/2024, has been filed seeking removal of the trademark of the respondent no. 1 i.e. UNOMEDICAL registered under 1208095, in Class 10 on 20th 8. Consequently, since the present appeal is being allowed, the registration granted in favour of respondent no. 1 vide application no. 1208095, in Class 10 on 20 June, 2003. th 9. Accordingly, with the consent of the parties, the rectification petition is allowed. June, 2003, shall stand cancelled. 10. The trademark i.e., UNOMEDICAL registered under 1208095 in Class 10 in favour of respondent no. 1, is hereby cancelled. 11. The respondent no. 2, i.e., the Registrar of Trademarks, is directed to carry out the requisite rectification and issue a notification with regard, thereto. 12. 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. 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 11/03/2025 at 11:57:57 13. In view of the aforesaid, the present appeal, as well as the rectification petition, stand disposed of, along with the pending applications. MINI PUSHKARNA, J MARCH 5, 2025 c 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 11/03/2025 at 11:57:57