The main legal point established in the judgment is the application of Section 57(2) read with Section 11(1)(b) of the Trade Marks Act, 1999 to remove the impugned mark NJBROS from the register of trademarks due to the likelihood of confusion and the petitioner's priority of registration and use.

ORDER (Oral)

1. This is a petition under Section 57 of the Trade Marks Act, 1999 ("the Act", hereinafter). The petitioner is the registered proprietor of the following marks:

2. The mark [IMG] is, therefore, registered in favour of the petitioner in, inter alia,

(i) Class 9 covering "Electrical Accessories And Fittings, Switches, Switch Gears, Wire And Cables Scientific, Nautical, Surveying, Electric, Photographic, Cinematographic, Optical, Weighing, Measuring, Signaling, Checking (Supervision), Life Saving And Teaching Apparatus And Instruments; Apparatus For Recording, Transmission Or Reproduction Of Sound Or Images; Magnetic Data Carriers, Recording Discs; Automatic Vending Machines And Mechanisms For Coin-Operated Apparatus; Cash Registers, Calculating Machines, Data Processing Equipment - And Computers; Fire Extinguishing Apparatus", with effect from 10th December 2008 and

(ii) Class 11, covering "Apparatus For Lighting, Heating, Steam, Generating, Cooking, Refrigrating, Drying Ventilating, Water Supply And Sanitary Purpose", also with effect from 10th December 2008.

3. The petitioner avers that the petitioner has been using the mark in relation [IMG]/to a wide range of electrical goods including electrical accessories and fittings, electrical switches, main switches and fuse units, wires and cables and other allied and cognate goods since 2008. It is claimed that, by dint of continuous user, the mark [IMG] has built up considerable reputation and is, by now, a source identifier, identifying the goods of the petitioner.

4. To vouchsafe its credibility and reach in the market, the petitioner has provided particulars of its sales figures from the years 2011-12 to 2019-20. During the year 2019-20, the sales figures of the petitioner are to the tune of Rs.252 crores.

5. The petitioner is aggrieved by the registration of the mark NJBROS as a word mark in favour of the respondent in Class 11 w.e.f 8th March 2019, covering "Apparatus For Lighting, Heating, Steam Generating, Cooking, Refrigerating, Drying, Ventilating Purposes; LED & Decorative Lights, LED Bulb, CFL Lights, Cooling Appliances & Installations, Fan, Cooler, Electric Kettle, Ice Machines, & Apparatus, Cooking Utensils (Electric); Refrigerator, Freezer, Cookers Incorporating Grills, Ovens, Microwave Ovens, Air Conditioning And Water Purifying Installations And Apparatus, R.O. Systems. Heater, Water Heaters, Water Immersion Heaters, Geyser, Coffee Brewers (Electric), Household Air Cleaners, Toaster, Electric Waffle Irons, Hearing Elements Included In Class 11".

6. The petitioner uses its [IMG] mark for electrical goods including electrical accessories and fittings, electrical switches, main switches and fuse units, wires, cables and other allied goods whereas Respondent 1 uses the NJBROS mark for manufacturing, marketing and selling of electronics and home appliances. On that, there is no dispute.

7. Mr. Ajay Amitabh Suman, learned Counsel for the petitioner submits that the impugned mark NJBROS is liable to be removed from the register of trade marks under Section 57(2)^{1[57. Power to cancel or vary registration and to rectify the register. -
*****
(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 i}