C O M M O N O R D E R

These Rectification Petitions have been filed under Section 57 of the Trade Marks Act, 1999 (in short 'Act'), seeking rectification in the register of the 2nd Respondent, by cancelling the registered mark of the 1st Respondent.

I. Case of the Petitioner:

2. The Petitioner is a world-renowned leader in manufacture and sale of toys, games etc. The Petitioner was founded way back in the 1930s’ and the LEGO mark was adopted for the first time in 1934. According to the Petitioner, LEGO is coined from two Danish words ‘leg’ and ‘godt’ which literally means play well.

3. The Petitioner employs around 27000 employees globally and has presence in more than 40 countries across the globe. The LEGO mark has been used in India ever since 1987 and in 1994, the manufacturing and selling division of the Petitioner entered into association with a Company for sale of their products in Mumbai and Delhi. Subsequently, the Petitioner has expanded its sale in various other parts of the country and their products are available in many premium toy stores as well as online platforms like Amazon, Flipkart etc.

4. The Petitioner also claims to have been a recipient of several accolades and r