ORDER

This petition has been filed under Sections 47 and 57 of the Trade Marks Act seeking for cancellation of the first respondent's trade mark registration in respect of the Mark 'AROKIYA' obtained through Application No.1299314 in Class 30 in respect of 'INSTANT IDLI DOSA WET BATTER'.

2.Though the petitioner has filed this petition both under Sections 47 and 57 of the Trade Marks Act, learned counsel for the petitioner, at the outset would submit that the petitioner is seeking for cancellation of the trade mark registration obtained by the first respondent for the trade mark 'AROKIYA' in Class 30 in respect of 'INSTANT IDLI DOSA WET BATTER' only under Section 47 of the Trade Marks Act on the ground of non-usage of the said trade mark for more than five years.

3.According to the petitioner, since the first respondent has not been using the trade mark 'AROKIYA' as per the trade mark registration obtained by them through Application No.1299314 in Class 30 for more than five years as they have substantially altered the trade mark subsequently without seeking permission of the Trade Marks Registry as per the provisions of Section 59 of the Trade Marks Act 1999, the trade mark registrati