JUDGMENT

Jyoti Singh, J. (Oral)

1. Present appeal has been preferred under Section 91 of the Trade Marks Act, 1999 (hereinafter referred to as the `Act') seeking setting aside of the order dated 21.07.2020, passed by the Respondent as well as for a direction to the Registrar to proceed with registration of the trademark `ENTREPRENEUR' under TM application No. 3233928.

2. The brief and relevant facts necessary for the disposal of the present appeal, as culled out from the averments in the appeal, are that Appellant is a company that publishes the renowned `ENTREPRENEUR' magazine, with its headquarters in USA. The magazine, first published in the year 1977, publishes 8 issues annually and is published under license, internationally in countries such as Hungary, India, Mexico, Philippines, Russia, South Africa, etc.

3. For nearly 40 years, the magazine has been a definitive guide to all the diverse challenges of business ownership and is available both in print, online and as a mobile application. Appellant offers its website www.entrepreneur.com in many geographical editions, such as India, USA, Europe, South Africa etc.

4. In India, the magazine was first published in September,