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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Arif S. Doctor, J
Air India – Appellant
Versus
Girish Basrimalani – Respondent
| Table of Content |
|---|
| 1. petitioner's well-known trade mark and usage history. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. respondent's lack of good faith and deceptive similarity. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. grounds for rectification and final orders for cancellation. (Para 15 , 16) |
P.C.
1. The Petitioner, by way of the captioned Petition, seeks removal, cancellation, and rectification of the trade mark (“impugned trade mark”) bearing Registration No.3487173 in Class 31, registered in the name of Respondent No.1 in respect of the trade mark from the Register of Trade Marks.
2. Ms. Vishwanathan Learned Counsel, appearing on behalf of the Petitioner at the outset, invited my attention to the Order dated 19th November 2025, by which this Court, after noting that Respondent No.1 had, despite being granted several opportunities, not appeared, had thus directed that the matter proceed ex-parte against Respondent No.1. Respondent No. 2 is today represented, and thus the matter is taken up for hearing.
Submissions on behalf of the Petitioner
3. Ms. Vishwanathan submitted that the Petitioner is the registered proprietor of the trade mark “VISTARA®” (“Petitioner’s trade mark”) in several classes in Indi
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