TEJAS KARIA, J. (ORAL)

INTRODUCTION

1. The present Appeal under Section 91 of the Trade Marks Act, 1999 (“Act”) read with Rule 125 of the Trade Marks Rules, 2017 has been preferred against the order dated 14.08.2025 (“Impugned Order”) passed by the learned Registrar of Trade Marks (“Respondent No. 1”) whereby the Appellant’s Mark, ‘MAKHAN FISH CORNER’ (“Appellant’s Mark”) registered under Trade Mark No. 2489327 (“Subject Application”) under

Class 43 was removed from the Register of Trade Marks pursuant to adjudication of the Rectification Petition No. 283976 (“Rectification Petition”) filed by M/s Makhan Fish Co (“Respondent No. 2”) before Respondent No. 1.

2. By consent of the Parties, this Appeal is taken up for final hearing.

FACTUAL MATRIX

3. The Appellant is a proprietor of a renowned business of providing food and drink services under the Appellant’s Mark since 1962. The Appellant and his family expanded the business under the Appellant’s Mark such as, ‘MAKHAN BANQUET’, ‘MAKHAN RESIDENCY’, ‘HOTEL MAKHAN RESIDENCY’ etc.

4. On 04.03.2013, the Appellant filed the Subject Application for the Appellant’s Mark for food and drink and allied services. The Subject Application was opposed by