Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Ceat Limited – Appellant
Versus
Faizan Siddiqui & Anr. – Respondents
C.O. (COMM.IPD-TM) 66 of 2021
Decided On : 25-07-2023
Rectification - Trade Marks - The court ordered the removal of a registered device mark from the register of Trade Marks in response to a petition seeking rectification under Section 57 of the Trade Marks Act 1999.
Fact of the Case:
The petition sought rectification of the register of Trade Marks by removing a registered device mark in favor of Respondent 1.
Finding of the Court:
The court allowed the petition and directed the Registry of Trade Marks to remove the impugned mark from the register.
Issues: Rectification of the register of Trade Marks, response of Respondent 1, communication via e-mail.
Ratio Decidendi: The court's decision was influenced by the communication from Respondent 1 expressing no objection to the removal of the impugned mark and the application for cancellation of the mark.
Final Decision: The petition stands allowed, and the impugned mark is directed to be removed from the register of Trade Marks.
ORDER (Oral)
1. This petition under Section 57 of the Trade Marks Act 1999 seeks rectification of the register of Trade Marks by removal, therefrom, of registration no. 2118505, whereby the device mark [IMG] was registered in favour of Respondent 1.
2. Defendant 1 has, apparently, moved an application before the Registrar of Trade Marks for cancellation of the impugned [IMG] mark on 24 July 2023.
3. The Respondent 1 has also communicated to the plaintiff via e-mail dated 25 July 2023 stating that he was not desirous of contesting this matter and that he has no objection if appropriate orders were passed for removal of the impugned [IMG] mark from the register of Trade Marks.
4. Accordingly, the Registry of Trade Marks is directed to rectify the register of the Trade Marks by removal, therefrom, forthwith, of the impugned [IMG] mark, which stands registered in favour of Respondent 1, via Registration No. 2118505 dated 9 March 2019.
5. The petition stands allowed in the aforesaid terms.
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 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 central legal point established in the judgment is the application of Section 11(1)(b) of the Trademarks Act to determine the likelihood of confusion based on phonetic similarity and the priority....
The court emphasized the need for expeditious and meaningful disposal of proceedings, especially in matters relating to intellectual property rights.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
