This is an application by the petitioner under section 46 of the Trade & Merchandise Marks Act, 1958 for removal of the marks "Pepsi Cola" "Pepsi" and "Pepsico" from the Register and for rectification of the Register. The Respondent No. 1 is the registered proprietor of the said marks the particulars whereof are set out below:-

Trade Mark Date Place of Registration

a) Pepsi Cola 11.6.1943 Calcutta Trade Mark

Registered Registry Office

No.81553

b) Pepsi 8.5.57 Do

Registration

No. 173280

Pepsi 8.3.67 New Delhi Trade

Registration Mark Registry

No. 240740

The petitioner claims to be a manufacturer of ingredients and salts etc. for manufacture of non-alcboholic beverages, aerated water under the mark "Pepsi". The petitioner also claims to be selling beverages under the-said mark and labels and the Respondent No.3, Pepsi Soda Water Co. is one of the franchise holders of the petitioner and as such the Pepsi Soda also manufactures salts, beverages under the mark "Pepsi". The case of the petitioner is that the Respondent No.1, Pepsico Inc, a company, incorporated under the appropriate laws of Dalaware, in the United States of America, the registered propriet