JUDGMENT :

The petitioner is the plaintiff in O.S. No.1 of 2022 on the files of the II Additional District and Sessions Court, Thodupuzha, and the respondent is the defendant therein.

2. The petitioner is a partnership firm running a resort named ‘Misty Mountain Plantation Resort’. The trade mark ‘Misty Mountain’ was adopted as the trade name by the plaintiff's predecessor in 1999. An application for registration of trade mark was filed for the word ‘Misty Mountain’ under application No.2441920 in class 43 on 6.6.2019 in respect of services of ‘providing of food and drinks and temporary accommodation’ and the petitioner was assigned with the trade mark ‘Misty Mountain’.

3. By virtue of the assignment deed dated 13.9.2019, the same has been duly submitted before the Trade Mark Registry. In 2016, the petitioner came to know about the respondent's use of the said trademark with respect to a resort in Munnar. On enquiry, the petitioner came to know that the respondent secured a registration for the same mark with the application No.1969012. The petitioner immediately filed a rectification application for cancellation of the registration issued, and it was allowed, holding that the petitio