JUDGMENT

Anish Dayal, J. - This rectification application has been filed under Sections 47 and 57 of the Trade Marks Act, 1999 ("the Act") for removal/cancellation of the impugned mark bearing no. 2223608 in the Register of Trade Marks.

2. The said matter was initially filed before the Intellectual Property Appellant Tribunal ("IPAB") and transferred to this Court, consequent to the abolition of IPAB in 2021.

3. The impugned mark of which removal is sought, 'POMA-EX KIWKHEAL' (device), was applied for on 21st October, 2011, with user claimed from 01st July, 2011, and was granted on 16th December, 2014 to the respondent.

4. The petitioner claims to, inter alia, have the following registrations:

5. The trademarks are applied to their product which is instant adhesive and bears the following packaging/label:

6. The petitioner is a company incorporated in India, having its registered office in Mumbai. It claims to be world-renowned in the field of adhesives and sealants, construction, paint chemicals, art materials, industrial adhesives, et al.

7. Petitioner's products are sold under well-known trademarks 'FEVIKWI', 'FEVICOL', 'FEVISTIK', 'FEVICRYL', 'FEVI BOND', 'FEVIART', 'FEVIGUM', 'FEVITI