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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Okaya Power Private Limited – Appellant
Versus
Manoj Bansal Trading As Mahadev Electric Store – Respondent
C.O. (COMM.IPD-TM) 205 of 2022
Decided On : 01-08-2023
Cancellation - Trade Marks - The court ordered the removal of the mark 'OKAWA' from the register of Trade Marks in favor of the respondent, as the respondent expressed no objection to its removal.
Fact of the Case:
The petitioner sought cancellation and removal of the mark 'OKAWA' from the register of Trade Marks, which was registered in favor of the respondent.
Finding of the Court:
The court ordered the removal of the mark 'OKAWA' from the register of Trade Marks as the respondent expressed no objection to its removal.
Issues:
Ratio Decidendi: The respondent's statement expressing no objection to the removal of the mark influenced the court's decision to order its removal from the register of Trade Marks.
Final Decision: The court allowed the petition and directed the registry to rectify the register of Trade Marks by removing the mark 'OKAWA' registered in favor of the respondent.
ORDER (Oral)
1. This is a petition under Section 57 of the Trade Marks Act 1999 whereby the petitioner has sought cancellation and removal, from the register of the Trade Marks, of the mark "OKAWA", registered in class 9 in favour of the respondent Manoj Bansal, vide Registration No. 3072155.
2. On 13 July 2023, Mr. Manoj Bansal appeared before the learned Joint Registrar and made a statement that he was not desirous of continuing to use the impugned trade mark "OKAWA" and that he had no objection if the mark was removed from the register of the Trade Marks and the register was rectified accordingly.
3. Mr. Manoj Bansal is present today, albeit virtually. He reiterates the said statement.
4. Accordingly, the Registry of Trade Marks is directed, forthwith, to rectify the register of Trade Marks by removal, therefrom, the mark "OKAWA" registered in favour of the respondent Manoj Bansal, in class 9 vide Registration No. 3072155.
5. This petition stands allowed accordingly.
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 prioritized peaceful resolution and familial harmony in disposing of the petitions seeking rectification of the register of Trade Marks.
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 registration of a trade mark that is identical or similar to an existing mark is liable to be cancelled if it is likely to cause confusion among consumers.
The court's decision was based on the provisions of Section 57 of the Trade Marks Act, 1999, allowing the appellant to seek removal of the rectification of the Register of trademarks.
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....
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