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IN THE HIGH COURT OF DELHI AT NEW DELHI
JYOTI SINGH
Acko Technology And Services Pvt. Ltd. – Appellant
Versus
Chandra Mohan Mishra – Respondent
JUDGEMENT :
JYOTI SINGH, J.
1. This rectification petition is filed on behalf of the Petitioner under Sections 47 and 57 of The Trade Marks Act, 1999 (‘1999 Act’) for a direction to the Registrar of Trade Marks to remove the entry in the Register in respect of Registration No. 3713450 in Class 09 in respect of trademark ‘ACCKO’.
2. To the extent necessary, the facts as canvassed in the petition are that Petitioner was incorporated in the year 2016 and is the holding company for Acko General Insurance Limited, the first digital company in India to receive a license from IRDAI on 18.09.2017, renowned for its insurance products that are simple, convenient, customer friendly and priced appropriately. Acko was incorporated with an inspiration to build insurtech solutions and products that could define and accelerate the next wave of insurance penetration in India. Petitioner by itself currently provides services focused on auto insurance and mobile products and appliances such as repairing, servicing of electronic or mechanical gadgets, household appliances etc., and is in the process of creating a high transaction volume- automated pricing and underwriting technology, which insurance co
Registration of a trademark may be cancelled if it is found to be deceptively similar to a prior registered mark and has not been used for five years, reflecting both private and public interest.
The central legal point established in the judgment is the application of Section 11(1)(b) of the Trademarks Act to determine the likelihood of confusion based on phonetic similarity and the priority....
The main legal point established in the judgment is that a rectification petition seeking removal of a device mark from the register of trade marks must establish a fresh cause of action for rectific....
Registered trademarks can be removed for non-use exceeding five years, reinforcing the burden of proof on the registered proprietor to demonstrate genuine usage.
The central legal point established in the judgment is the requirement for distinctiveness of a mark for registration under Section 9(1)(a) of the Trade Marks Act, and the need for the Registrar to p....
Registration of a trademark can be revoked if it is found to be deceptively similar to a prior, distinctive mark, prioritizing consumer protection against confusion.
The principle of acquiescence under Section 33 of the Trade Marks Act bars a prior user from claiming rights after allowing a similar mark's use for over five years, especially when the prior mark's ....
The registration of a trade mark that is identical or similar to an existing mark is liable to be cancelled if it is likely to cause confusion among consumers.
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