J U D G M E N T

MANMEET PRITAM SINGH ARORA, J:

1. C.O. (COMM.IPD-TM) No. 448 of 2022 has been filed by S.S. White Burs Inc. [‘Petitioner’] seeking cancellation/rectification of of Trade Mark Registration No. 2147676 in Class 5 and Class 10 for the mark ‘S.S. WHITE’, standing in the name of S.S. White Dental Private Limited [‘Respondent’]. C.O. (COMM.IPD-TM) No. 299 of 2023 has, in turn, been filed by the Respondent seeking cancellation/rectification of the Petitioner’s Trade Mark Registration No. 609897 in Class 10 for the mark ‘S.S. WHITE BURS INC’.

2.

2. There are currently four cases pending between the parties, first the parties filed cross suits against each other i.e., CS(COMM) 26/2015 and CS (COMM)265/2016 and thereafter the present cross rectification petitions i.e., C.O.(COMM.IPD-TM) No. 448 of 2022 and C.O. (COMM.IPD-TM) No. 299 of 2023. Vide order dated 28.10.2025 judgement was reserved in the present cross rectification petitions.

3.

3. Learned counsel for the parties have addressed arguments in both petitions conjointly. Accordingly, for the purpose of the present judgment and ease of reference, C.O.(COMM.IPD-TM) No. 448 of 2022is being treated as the lead petition.

4.