Anubhav Jain vs Satish Kumar Jain

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

C.HARI SHANKAR
Anubhav Jain – Appellant
Versus
Satish Kumar Jain – Respondent

Table of Content
1. challenge to trademark registration. (Para 1)
2. preliminary objection to maintainability. (Para 2 , 7 , 8)
3. issues regarding invalidity pleadings. (Para 3 , 10 , 11)
4. ongoing legal proceedings context. (Para 4 , 5 , 6)
5. right to rectification and independence of actions. (Para 12 , 19 , 20 , 21)
6. interpretation of rights under sections 57 and 124. (Para 24 , 26 , 30)
7. rejection of preliminary objection. (Para 31 , 32 , 33)

JUDGMENT

C. Hari Shankar, J. (Oral)

1. This petition has been preferred by Anubhav Jain, one of the Directors in M/s. Jain Shikanji Private Limited ("JSPL", hereinafter) under Sections 57¹ and 125² of the Trademarks Act, 1999 ("the Act", hereinafter), seeking cancellation of Certificate No. 2772286 dated 18th June 2021, whereby the device mark was permitted to be registered in favour of Respondent 1. Consequently, rectification of the register of the trademarks, by removing, therefrom, the said registered trademark of Respondent 1 has also been sought.

2. Respondent 1 raised a preliminary objection to the maintainability of the present suit, predicated on Section 124 of the Trademarks Act. By order dated 5th September 2022, this Cou

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C.HARI SHANKARAnubhav Jain – AppellantVersusSatish Kumar Jain – Respondent

C.HARI SHANKAR
Anubhav Jain – Appellant
Versus
Satish Kumar Jain – Respondent