JUDGMENT (Oral)

1. These are petitions preferred under Section 57 of the Trade Marks Act, 1999. They seek rectification of the Register of Trademarks by removal, therefrom, of the word mark "HARPIC DRAINXPERT". The impugned mark stands registered in favour of Respondent 1 in Classes 3 and 5, vide Registration No. 5258906 and 5258907 respectively. Registration no. 5258906, in Class 3, covering "cleaning, polishing, scouring or abrasive preparations; drain and sink cleaning preparations; products for drain maintenance, namely drain openers" forms subject matter of challenge in C.O. (COMM.IPD-TM) 93/2023 and Registration no. 5258907, in Class 5, covering "disinfectants; disinfectant preparations; disinfectants for household used or for hygiene purposes; disinfecting agents and preparations having disinfecting properties; disinfectants for institutional and commercial use" forms subject matter of challenge in C.O. (COMM.IPD-TM) 94/2023.

2. Mr. Rishi Bansal, learned Counsel for the petitioner has predicated his challenge in both these petitions on Section 11(1)(b)¹ [11. Relative grounds for refusal of registration. -
(1) Save as provided in section 12, a trade mark shall not be registe