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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Mirza Ahmed Baig Alias Asad – Appellant
Versus
Mirza Afser Baig & Anr. – Respondents
C.O. (COMM.IPD-TM) 89 of 2023 & I.A. 3881 of 2023, C.O. (COMM.IPD-TM) 90 of 2023 & I.A. 3885 of 2023 and C.O. (COMM.IPD-TM) 91 of 2023 & I.A. 3889 of 2023
Decided On : 04-05-2023
Rectification of Register of Trade Marks - Dispute between Brothers - Peaceful Resolution
Fact of the Case:
The dispute involved petitions seeking rectification of the register of Trade Marks by removal of certain marks registered in favor of Respondent 1, who is the brother of the petitioner.
Finding of the Court:
The court, considering the familial relationship and the desire to maintain peace, disposed of the petitions with a direction to rectify the register of Trade Marks by removing the disputed marks.
Issues: Dispute over the registration of marks on the Trade Marks register
Ratio Decidendi: The court's decision was influenced by the familial relationship between the parties and the desire to maintain peace within the family, leading to the disposal of the petitions without pronouncing on the merits of the matter.
Final Decision: The court directed the Registry of Trade Marks to rectify the register by removing the disputed marks within a specified period.
ORDER (Oral)
1. These are petitions under Section 57 of the Trade Marks Act, seeking rectification of the register of Trade Marks by removal, therefrom, of the marks [IMG] (device mark), [IMG] (device mark) and MIDLAND (word mark), which stand registered in favour of Respondent 1 in the register of Trade Marks in classes 41, 16 and 16 respectively.
2. Given the fact that this is a dispute between brothers and that the objection to the continuance of the registration of aforesaid marks on the register in favour of Respondent 1 has been raised by his brother, Mr. Samrat Nigam, learned Counsel appearing for Respondent 1, submits, on instructions, that in order to maintain peace in the family, his client does not desire to continue to contest this litigation or to assert registration of the aforesaid marks. He, therefore, is agreeable to these petitions being disposed of with a direction to the Registry of Trade Marks to rectify the register of Trade Marks by removing, therefrom, the aforesaid three marks.
3. In view thereof, without pronouncing on the merits of the matter and in view of the submissions made by Mr. Nigam on instructions, this Court disposes of all these three cancellation/rectification petitions with a direction to the Registry of Trade Marks to rectify the register by removal, therefrom, of the marks [IMG] device mark, registered in favour of Respondent 1 in classes 41 and 16, and the MIDLAND word mark, registered in favour of Respondent 1 in class 16, within a period of three weeks from today.
4. These petitions stand disposed of in the aforesaid terms.
5. Miscellaneous pending applications, if any, also stand disposed of.
The court prioritized peaceful resolution and familial harmony in disposing of the petitions seeking rectification of the register of Trade Marks.
The court can order the removal of a registered mark from the register of Trade Marks if the respondent expresses no objection to its removal.
The court emphasized the need for expeditious and meaningful disposal of proceedings, especially in matters relating to intellectual property rights.
The impugned mark was ineligible for registration due to similarity with an earlier trade mark, as per Section 11(1)(b) of the Trade Marks Act.
The main legal point established in the judgment is that a rectification petition seeking removal of a device mark from the register of trade marks must establish a fresh cause of action for rectific....
Trademark registrations can be rectified according to the terms of a family settlement, delineating territorial rights effectively between contesting parties.
The expiration of a registered mark and the lack of intention to use it in the future can lead to its removal from the register.
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