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2025 DAILYLAW 5679 (DEL)

TIVOLI GARDENS v. INTERNATIONAL BUSINESS MACHINES CORPORATION & ANR.

C.O. (COMM.IPD-TM)/261/2025 · 2026-07-24

Anup Jairam Bhambhani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.O. (COMM.IPD-TM) 261/2025 $~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 261/2025 & I.A. 27876/2025, I.A. 27877/2025, I.A. 27878/2025 TIVOLI GARDENS .....Petitioner Through: Mr. Indraneil Choudhury, Advocate. versus INTERNATIONAL BUSINESS MACHINES CORPORATION & ANR. .....Respondents Through: Ms. Simranjot Kaur, Advocate. Ms. Manisha A. Narain, CGSC and Ms. Aditi Singh, GP with Mr. Nipun Jain, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 24.07.2026 Further to what was recorded in order dated 20.07.2026, Ms. Simranjot Kaur, learned counsel for respondent No.1 submits, that her vakalatnama is now on record. 2. In view of what has been recorded in the said order, the petition is disposed-of taking on record the statement of Ms. Kaur made on behalf of respondent No.1 that they are willing to concede to the prayer for cancellation of trade mark ‘TIVOLI’ registered vidé application No.1054654 in class 16; without prejudice to respondent No.1’s rights to the already registered trade marks/pending applications in relation to the mark ‘TIVOLI’ under other classes. 3. In light of the statement made on behalf of respondent No.1, learned counsel for the petitioner submits, that the present petition be disposed- of by allowing prayer (a) in the main petition. 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 01/08/2026 at 10:48:37 C.O. (COMM.IPD-TM) 261/2025 4. Accordingly, the present petition is disposed-of directing respondent No.2 to remove/cancel/expunge the registered trade mark ‘TIVOLI’ registered under application No.1054654 in class 16 from the register of trade marks. 5. Petition stands disposed-of. 6. Pending applications, if any, stand disposed-of. ANUP JAIRAM BHAMBHANI, J JULY 24, 2026/hb 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 01/08/2026 at 10:48:37