JUDGMENT :

AMIT BANSAL, J.

1. The present rectification petition has been filed under Sections 47, 57, and 125 of the Trade Marks Act, 1999 (hereinafter, ‘the Act’) seeking removal of the trademark ‘KIRANPARKASH’ bearing trademark registration No. 3587350 in Class 17, from the Register of Trade Marks.

PROCEEDINGS IN THE PETITION

2. Notice in the present petition was issued by the erstwhile Intellectual Property Appellate Board (IPAB) on 5th March, 2020. Despite service, the respondent no. 1 failed to appear before the IPAB. Thereafter, the present petition was received on transfer after the abolition of the IPAB pursuant to the Tribunal Reforms Act, 2021.

3. Court notice was issued to the respondent no. 1 by this Court on 6th July, 2022. Counsel for the respondent no. 1 entered appearance on 9th November, 2022 and four weeks’ time was granted to file reply. However, the counsel for the respondent no. 1 did not appear on the next date of hearing, i.e. 15th March, 2023. Accordingly, a default notice was issued to the respondent no. 1.

4. It was noted in the order dated 17th July, 2023 that the respondent no. 1 has refused service of the default notice and consequently, the respondent no. 1