N. Paul Vasanthakumar, C.J.

Both these writ petitions have been filed challenging the orders passed by the Intellectual Property Appellate Board (hereinafter referred to as the Board), by which the Board dismissed the rectification applications filed under Section 57 of the Trade Marks Act, 1999 (hereinafter referred to as the Act) for removal of the trademarks “Royal Orchid” and “Royal Orchid Hotel” filed by the petitioner herein, which is the owner and proprietor of the trademark “The Orchid”.

2. The facts of the case are briefly stated hereunder :-

According to the petitioner, it has adopted the name “THE ORCHID” for use in relation to the name of its five star hotel, wherein they provide lodging, boarding, restaurant, food, catering and the like hospitality services. The petitioner commenced its commercial operations in a phased manner from January, 1997 under the trademark THE ORCHID and is putting it to use continuously, openly and uninterruptedly. According to the petitioner, it is the prior adopter, user and proprietor of the said trademark. The leading, essential and prominent feature in the trademark THE ORCHID is the word ORCHID and the trade and the public refer