JUDGMENT

J.R. Midha, J. - The petitioner has challenged the order dated 30th November, 2018 passed by the Intellectual Property Appellate Board (IPAB) whereby the petitioner's trade mark UTROTON bearing registration No.1656466 in Class 31 has been removed from the Register of Trademarks.

2. The respondent is the proprietor of the registered trade mark UTEROTONE registered in Class 5 as No.562099 on 18th November, 1991. The respondent conceived and adopted the trade mark UTEROTONE in 1968 and is manufacturing veterinary preparations under a valid licence.

3. The petitioner adopted a deceptively similar trade mark UTROTON and got it registered in Class 31 in 2010 claiming user since 2007. The petitioner is manufacturing animal feed supplements with the aforesaid trade mark.

4. The respondent filed an application for cancellation/removal of the petitioner's trade mark UTROTON before Intellectual Property Appellate Board (IPAB) on the following grounds:-

(i) The respondent is a renowned and leading veterinary preparation firm carrying on its business for the past 44 years. The respondent started its operations under the trade mark UTEROTONE in 1968 and ranks amongst the top 15 major veteri