JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present rectification petition under Section 57 of the Trade Marks Act, 1999 has been filed by the Petitioner-Indarmal M Solanki seeking cancellation of mark `EL PASO' bearing trade mark no. `1553984' dated 30th April 2007 in Class 25 registered in the name of the Respondent No. 1- Sh. Rakesh Gupta (hereinafter, `impugned mark'/ `impugned registration').

3. The extract of the Trade Mark Journal No. 1413 dated 1st April 2009 containing the said mark is set out below:

4. The Petitioner's grievance is that the Petitioner is the registered proprietor of the mark `ELPASO' and `ELpaso' for readymade garments both under Class 25 bearing application nos. 2111871 and 2111872. The details of the Petitioner's registered marks is set out below:

Trade Mark`ELPASO'`ELpaso'CategoryWordWordApplication no.21118712111872Date8th March 20118th March 2011Class2525StatusRegisteredRegisteredJournal No.1730 dated 1st February 20161730 dated 1st February 2016User detail1st January 19971st January 1997Renewed upto8th March 20218th March 2021

5. The further case of the Petitioner is that the mark `ELPASO' was adopted by

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