JUDGMENT :

TUSHAR RAO GEDELA, J.

1. Present petition has been filed under Section 57 of the Trade Marks Act, 1999, (hereinafter referred to as “Act”) to rectify, cancel and remove the entry relating to the registered trademark “KREOFLAT” bearing no.4694743 in Class 05 made in the name of the respondent no.1/Registry of Trade Marks.

BRIEF FACTS:-

2. The history of the petitioner is stated to date back to the year 1888 when its founder Dr. Wallace Calvin Abbott began manufacturing alkaloid medicine granules. Sometime in the year 1894, the petitioner was incorporated through its parent company, “Abbott Alkaloidal Company”, a medical publisher and manufacturer. It claims to have established itself in India in the year 1910 and is one of the oldest, leading healthcare companies devoted to the discovery, development, manufacture and sale of healthcare products and services. Abbott India Limited i.e., the Indian subsidiary, was incorporated in the year 1944.

3. The predecessors in interest and title of the petitioner sincerely and bonafidely coined the unique mark “PANKREOFLAT” for the purpose of using the mark to identify, promote and distinguish their goods in the marketplace. On 16.03.196