SMT ANITA KHARBANDA TRADING AS PREM DI HATTI v. REGISTRAR OF TRADEMARKS & ANR.
C.A.(COMM.IPD-TM)/83/2025 · 2026-08-24
Jyoti Singh
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 6087 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6087 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C.A.(COMM.IPD-TM) 83/2025 and connected matter
$~75 & 76 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010970482025 + C.A.(COMM.IPD-TM) 83/2025 & I.As. 30266-69/2025
SMT ANITA KHARBANDA TRADING AS PREM DI HATTI .....Appellant
Through: Mr. Rajiv Duggal, Advocate.
versus
REGISTRAR OF TRADEMARKS & ANR. .....Respondents Through: Mr. Gaurav Barathi, SPC with Mr. Vishal Thakur, Mr. Chirantan Priyadarshan and Ms. Amita Singh, Advocates for R-1. Mr. Manoj R. Sinha, Advocate for R-2. 76 # CNR No. DLHC010713982023 + C.O. (COMM.IPD-TM) 323/2023 & I.A. 25909/2023
PHOOLA RANI
.....Petitioner
Through: Mr. Manoj R. Sinha, Advocate.
versus
ANITA KHARBANDA & ANR.
.....Respondents
Through: Mr. Rajiv Duggal, Advocate for R-1.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R %
24.08.2026
1. C.A.(COMM.IPD-TM) 83/2025 is filed on behalf of the Appellant under Section 91 of the Trade Marks Act, 1999 (‘1999 Act’) and Rule 156 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 25/08/2026 at 12:07:02
C.A.(COMM.IPD-TM) 83/2025 and connected matter
of the Trade Marks Rules, 2017 (‘2017 Rules’) for setting aside of impugned
order dated 17.07.2025 passed by Respondent No. 1, whereby Respondent No. 1 has refused Opposition No. 1316667 filed by the Appellant against Respondent No. 2’s trademark application No. 6194142 in Class 43 for the mark ‘PREM DI HATTI’.
2. C.O. (COMM.IPD-TM) 323/2023 is filed on behalf of the Petitioner under Section 57 of 1999 Act for a direction to Respondent No. 2 to cancel the entry relating to registration No. 2543229 in Class 43.
3. During the pendency of the proceedings, parties were referred for mediation before the Delhi High Court Mediation and Conciliation Centre, where they have amicably settled and resolved their inter se disputes and executed a common Settlement Agreement dated 21.08.2026, incorporating the terms of settlement. As per one of the terms of the settlement, parties have agreed that they shall withdraw their respective cases i.e., C.A.(COMM.IPD-TM) 83/2025 and C.O. (COMM.IPD-TM) 323/2023 upon execution of the Settlement Agreement.
4. Accordingly, appeal and petition are disposed of as withdrawn in light of the settlement between the parties. Needless to state that the Settlement Agreement shall form a part of the order and terms thereof shall bind the parties thereto, including any reciprocal obligation that the parties may have under the Settlement Agreement.
5. Pending applications stand disposed of.
JYOTI SINGH, J AUGUST 24, 2026 S.Sharma
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 25/08/2026 at 12:07:02