JUDGMENT (Oral)

1. This is a petition under Section 57(2)^{1[57. Power to cancel or vary registration and to rectify the register.-
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(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the High Court or to the Registrar, and the Registrar or the High Court, as the case may be, may make such order for making, expunging or varying the entry as it may think fit.]}

of the Trademarks Act 1999, seeking rectification of the register of Trademarks by removal, therefrom, of the mark [IMG] registered in favour of Respondent 1 under No. 4643936 in class 11 w.e.f. 7th September 2020.

2. Notice was issued in this petition on 29th September 2021, and accepted by learned Counsel on behalf of both respondents.

3. Respondent 2 is merely a pro forma respondent.

4. There was no appearance on behalf of Respondent 1 on 25th April 2023 and the matter was re-notified for the day before yesterday i.e., 16th May 2023. There was no appearance on behalf of Respondent