The court disposed of appeals regarding trademark cancellation by accepting mutual undertakings where the appellant agreed to cease manufacturing and exhaust existing stock of the disputed mark 'PONTA' by a set date, in exchange for the respondents agreeing not to pursue further legal action.

HON’BLE MR. JUSTICE V. KAMESWAR RAO

HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

V. KAMESWAR RAO, J. (ORAL)

1. These appeals lays a challenge to the order dated 05.06.2026 passed by the learned Single Judge vide which the petitions filed by the respondents herein, was disposed of.

2. The said petitions were filed under Sections 47 and 57 of the Trade Marks Act, 1999 seeking removal/cancellation of the entry in Trade Marks Register with respect to the word mark ‘PONTA’ bearing trademark [[IMG_1]]registration no. 4134589 and device mark ‘ ’ bearing trademark registration no. 4885149 in Class-9, registered in the name of appellant no. 1.

3. We have heard Mr. Mohan Vidhani, learned counsel for the appellant and Mr. Afzal B Khan, learned counsel for the respondents on the earlier date of hearing.

4. Today, Mr. Vidhani and Mr. Khan have filed originals of the affidavits on behalf of the parties and the same are taken on record. The instructions by appellant no. 1 in the affidavit filed by Mr. Siddharth, would reveal the following:-

“1. That I am the Appellant in the present matters and I am well acquainted with the facts and circumstances of the present matters and as such competent to swear this affidavit.

2. That the present Affidavit is being filed in compliance with the directions of this Hon’ble Court passed on 14th August, 2026 and pursuant to the mutual consent terms arrived at between the Appellant and Respondent Nos. 1 and 2 during the course of arguments of the appeals.

3. That I have personally verified the existing stock bearing the [[IMG_2]] trademark PONTA and lying at the factory premises of my trademark licensee, Ms. Karishma Vij, Proprietor of M/s India Electrical Industries, which is approximately 53,790 pieces. A copy of the stock sheet is annexed hereto and marked as Annexure A.

4. That my trademark licensee and myself (trade mark owner) has ceased manufacturing electrical goods under the trademark PONTA and state that we shall not undertake any further manufacture thereof. The endeavour shall for selling and exhausting the stock to distributors, stockists, dealers and customers on or before 31st March, 2027.

5. That after 31st March, 2027, neither I nor my trademark licensee shall sell, offer for sale, supply, distribute, market or advertise any electrical goods bearing the trademark PONTA and .

6. That goods already manufactured and supplied before 31st March, 2027 may continue to remain in circulation thereafter with distributors, stockists, dealers, retailers, e-commerce platforms or other independent their parties which I have already sold. Neither I nor may trademark licensee Ms. KARISHMA VIJ, Proprietor of M/s India Electrical Industries shall be responsible for such third-party circulation, there being no fresh manufacture, sale or supply by us.

7. That any promotion or advertising during said period till 31st March, 2027 shall be strictly incidental to the sale and exhaustion of the existing stock and shall not be undertaken for creating fresh inventory or expanding the use of the trademark PONTA and .

8. That all promotion and advertising undertaken by me and my trade marks licensee in respect of the said products bearing the mark PONTA and shall cease on 31st March, 2027 and I shall remove/delete online posts, advertisements and promotional material referring to PONTA and in my control and discontinue any username/handle incorporating the said marks. It is further clarified that I shall not be held responsible or liable for any listings, posts or other content relating to the said product that may continue to appear on third-party platforms after 31st March, 2027, where such listings or content are not within my control and cannot be removed by me.

9. That any finished goods bearing the trademark PONTA and remaining unsold on 31st March, 2027 in my inventory will be destroyed.

10. That the aforesaid undertakings are subject to the condition that the Respondent no. 1 and 2 shall not institute,