JUDGMENT (Oral)

C. Hari Shankar, J.

1. This petition under Section 57 of the Trade Marks Act, 1999 seeks cancellation and removal, from the Register of Trade Marks, of the device mark [IMG]

2. Registration was granted, by the Registrar of Trade Marks, for the disputed mark, vide certificate dated 18th June 2021, with effect from 26th May 2008, being the date of application for registration. The impugned mark stands registered under Class 32 in respect of "mineral and aerated waters, all types of non-alcoholic drinks, fruits drinks and fruit juices, shikanji, nimbu pani, soda, soft drinks, lemonades, syrups and other preparations for making beverages".

3. Ms. Kangan Roda, learned Counsel for the petitioner, submits that the impugned mark is liable to be taken off the Register of Trade Marks under Section 57(1) and (2)^{1[57. Power to cancel or vary registration and to rectify the register. -
(1) On application made in the prescribed manner to the High Court or to the Registrar by any person aggrieved, the Registrar or the High Court, as the case may be, may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contraventi}