TEJAS KARIA, J. (ORAL)

FACTUAL BACKGROUND:

1. The present Rectification Petitions are filed under Sections 47 and 57 of the Trade Marks Act, 1999 (“Act”) seeking rectification of the Register of Trade Marks (“Register”) by cancellation / removal of the Marks ‘Elante Residencies’ , ‘Elante Group’ and ‘Elante Residencies’ / ‘ ’ (“Impugned Marks”) registered in Class 37 bearing Registrations Nos. 4288558, 4394146 and 4558370 respectively.

SUBMISSIONS ON BEHALF OF THE PETITIONER:

2. The learned Counsel for the Plaintiff made the following submissions:

2.1. The Petitioner is, inter alia, engaged in the business of real estate affairs, management and operations, shopping malls, office complexes bearing the Mark ‘ELANTE’ / ‘ ’ (“Petitioner’s Mark”). The Petitioner has developed a commercial complex which has a multi-purpose use, housing a shopping mall named ‘ELANTE’, an office building named ‘ELANTE OFFICE SUITES’ and a hotel on the same plot. The entire commercial complex of the Petitioner is operational under the Mark ‘ELANTE’. The Petitioner has also allowed its group companies to use the Petitioner’s ‘ELANTE’ Formative Marks along with their respective Trade Names such as ‘NEXUS ELANTE’.