JUDGMENT :

N.ANAND VENKATESH, J.

This appeal has been filed under Section 91 of the Trademarks Act, 1999 [for brevity hereinafter referred to as ‘the Act’] against the proceedings of the 1^st respondent dated 09.05.2025 and for a consequential direction to the 1^st respondent to reinstate the registration of the appellant as granted under Certificate No.400179 dated 15.07.2005.

2.The appellant is a manufacturer of food products. In the course of business, the Trademark “SAKTHI” was adopted by the appellant. The food products included varieties of spice and masala powders, cereals, pickles, edible oil, flour and papad. The appellant was trading across India and the goods were also exported to foreign countries.

3.The appellant had adopted the mark “SAKTHI” in the year 1977 and it was used openly, continuously and extensively without any interruption.

4.With a view to obtain statutory protection for the said Trademark, the appellant applied for and obtained registration of the mark “SAKTHI” and it’s formatives under various Classes including Class 30 in India.

5.Apart from the above, the appellant also applied for Copyright of the unique style, distinctive colour scheme and getup of its labe