JUDGMENT

TEJAS KARIA, J

1. This is a Rectification Petition under Section 57 of the Trade Marks Act, 1999 (“Act”) for cancellation / removal / rectification of the registered Trade Mark, ‘PATANJALI GONYLE FLOOR CLEANER’/ ‘ ’ (“Impugned Mark”) under Registration No. 3094452 in Class 05 in the name of the Respondents from the Register of Trade Marks (“Register”).

FACTUALMATRIX

2. The Petitioner is a non-governmental organization which aims at the protection and promotion of the welfare of the indigenous cows in India. The Petitioner assists the gaushalas / gausadans to reach a level of sustainability where they can provide good lives to the animals with good management practices.

3. In the year 2013, the Petitioner, in its endeavor to make gaushalas self- sustainable, developed a floor cleaning product derived from cow urine (“Petitioner’s Goods”). The product was named as ‘GAUNYLE’ (“Petitioner’s Mark”) as it is a substitute to the standardly used phenyl, but is made from cow urine.

4. The Petitioner applied for, and obtained registration for the Petitioner’s Mark. The Petitioner’s Mark was applied under Trade Mark Application No. 3133397 for the goods falling under Class 05. The detail